Shiv Kumar Sharma, J. - (1.) Meaningful question that requires consideration in all the four writ petitions is whether the cut off date mentioned in para 5 of the Notification dated March 21, 1998 was only an ipse dixit of the State Government and was introduced in an arbitrary and capricious manner taking out of that without any basis whatsoever?
(2.) Vide Notification dated March 21, 1988, the State Government amended the Rajasthan Civil Service (Pension) Rules, 1996. Clause 5 of the Notification reads as under: "5. The State Government has revised the Pay Scales of Government servants with effect from 1.9.1996 with the conditions that no arrears would accrue for the period from 1.9.1996 to 31.12.1996. Accordingly on the same lines in respect of Government servants retired/died while in service during the period 1.9.1996 to 31.12.1996, no arrears of pension shall accrue upto 31.12.1996; pension/family pension calculated on pre-revised pay shall only be payable upto 31.12.1996 and the pension/family pension on revised notional pay and as per the above mentioned amendments shall be payable with effect from 1.1.1997. The commutation and Gratuity to these Government servants shall not be admissible on the revised notional pay and the amount of commutation/Gratuity already paid on the pre-revised pay shall be treated as final." The petitioners averred that the State Government although has extended the benefits of the amendments made in the Pension Rules granting the revised pay fixations for pensioners who have retired after September 1, 1996, has further arbitrarily laid down a condition that no arrears of pension shall accrue for the period from September 1, 1996 to December 31, 1996 on revised pay scales. Government servants who have retired in between September 1, 1996 to December 31, 1996 have been further classified illegally and the amount of commutation and gratuity had also not been made admissible for these Government servants.
(3.) The petitioners averred that they have suffered great financial loss and have been virtually deprived for the benefits of the revised pay scale Rules and the original Notification dated March 21, 1998 by which pension of the pensioners was made effective from September 1, 1996. The contention of the petitioners is that on account of revision in pay scales, the petitioners are entitled to receive pay fixations in the new pay scales w.e.f. and if the pension is calculated at the revised new pay scales, they would get more than the present pension which they have been sanctioned as on date. Similarly if the commutation of pension admissible to an employee would have been calculated on the revised pension, they would get more than the amount which they have received at the time of retirement in view of the revised pay scales. The petitioners, averred that they have suffered immensely as their gratuity amount has also been calculated on the basis of the pay which they were drawing under the Rules of 1989. The petitioners averred that the gratuity amount has to be calculated on the basis of the last pay drawn under the revised pay scales, 1998. Further the petitioners submitted that they are being treated in a step motherly manner by the Government, the Rules of 1998 which have been made effective from September 1, 1996 by the State Government making the pay fixations w.e.f. September 1, 1996 have been applied differently for Government servants who have retired after January 1, 1997. Those employees who have retired after January 1, 1997 shall be entitled to receive gratuity and commutation of pension under the revised Pay Scale Rules, 1998. The retrospective date of January 1, 1997 for granting of gratuity and commutation of pension has been arbitrarily fixed creating an artificial classification amongst the retired employees of the Government of Rajasthan in between the date of commencement of the Rules of 1998 i.e. September 1, 1996 and the date of actual issuance of the Notification dated March 21, 1998. The petitioners averred that they have also seriously suffered on account of the denial of the arrears of pension accruable to them merely because they retired between September I, 1996 to December 31, 1996. No plausible explanation has been given while making such an amendment in the Rules.;