J.R.CHOPRA, J. - (1.) BY this writ petition filed under Article 226 of the Constitution, petitioner Suganchand has challenged the validity of Rule 250 of the Rajasthan Service Rules, 1951 (for short 'the Rules') and Regulation 4(2) of the Rajasthan Public Service Commission (Conditions of Service) Regulations, 1974 (hereinafter to be referred as 'the Regulations) and has prayed for the issuance of an appropriate writ, order or direction to the respondents to pay him pension on the basis of the last pay drawn by him as Member of the Rajasthan Public Service Commission (to be called as 'RPSC').
(2.) THE facts, necessary to be noticed, for the disposal of this writ petition briefly stated are: that initially, the petitioner was appointed as Lecturer in Govt. College in the year 1965 and thereafter, he was promoted to the post of Head of the Department vide order Annexure -1 dated 7.5.1987 with effect from 1.4.1986 in the pay -scale of Rs. 3700 -5700. Later on, he was appointed as Member of the RPSC vide order Annexure -2 dated 26.5.1986 and he joined as Member of the RPSC on 28.5.1986. He was also appointed as Chairman of the RPSC on officiating basis vide order dated 27.11.1989 and he continued on that post till 5.9.1990 when Shri Yatindra Singh was appointed as Chairman of the RPSC. It has been contended that alter joining as Member of the RPSC, the petitioner had opted for fixation of his pension as per the provisions of Regulation 8(2) of the Regulations, which is clear from letter Annexure -5 dated 22.7.1991. It has been further contended by the petitioner that he retired as Member of the RPSC on 27.5.1992 and at that time the last pay drawn by him was Rs. 6,000/ - and, therefore, he is entitled to pension on the last pay drawn by him as Member of the RPSC. According to the petitioner, the respondents have prepared and finalised his pension case on the basis of the last pay drawn by him as Head of the Department and not as Member of the RPSC.
(3.) HE has submitted that the payment of pension to the Govt. servants is governed by the provisions contained in part III of the Rules and computation of pension of a Govt. servant is to be made as per Rule 256 -D of the Rules. Rule 250 of the Rules defines emoluments, which reads as under: Rule 250. Definition of 'Emoluments' - The term 'Emoluments' when used in this Part of the Service Rules, means the emoluments, which the Govt. servant was receiving immediately before his retirement and includes: (a) Substantive pay in respect of a permanent post other than a tenure post held in a substantive capacity. (b) Special pay drawn by a Govt. servant in consideration of the specially arduous nature of duties or of increased work and responsibility or for discharge of duties which do not properly belong to his office for which there is no sanctioned post. (c) Personal pay which is granted in lieu of substantive pay in respect of a permanent post other than a tenure post. (d) Omitted. (e) ... (2) ... He has, therefore, contended that the pay admissible to him as Member of RPSC was his substantive pay within the meaning of Rule 250 of the Rules and, therefore he is entitled to get pension on the pay which was admissible to him as Member of the RPSC. According to him on becoming a Member of the RPSC, he has retired from service before completion of 52 years of age, whereas if he had remained in Govt. service, he would have retired on attaining the age of 58 years. ;