MATHUR, J. - (1.) BOTH the appellants i. e. the State of Rajasthan and the writ petitioner Ram Prasad, being aggrieved of the judgment dated 9. 03. 1999, rendered by the learned Single Judge in S. B. Civil Writ Petition No. 1983/1998, have preferred these two separate appeals.
(2.) THE admitted facts are that the writ petitioner was appointed as Account-ant in the year 1970 and thereafter he earned promotions and ultimately on completion of age of superannuation, retired on 31. 12. 97. THE writ petitioner was entitled to regular pension and other post retiral benefits in accordance with the Rajasthan Civil Services (Commutation of Pension) Rules, 1996, hereinafter referred to as `the Pension Rules'. THE said Rules came into effect from 1. 10. 1996. It appears that in order to tie over the financial burden, vide Notification dated 21. 03. 1998. Pension Rules came to be amended. Rule 6 provides for mode of pay-ment of arrears for the period 1. 1. 97 to 31. 12. 97. Amended Rule 6 reads as under: " Consequent upon revision in the pay scales and on account of above mentioned amendment, the Govt. servant retired/died during the per-iod 1. 9. 96 to 31. 12. 97, have become entitled to receive enhanced pen-sion/family pension w. e. f. 1. 1. 97, and in case of Govt. servant retired/ died during the period 1. 1. 97 to 31. 12. 97, have become entitled to en-hanced commutation and gratuity. THE amount of arrear on account of enhanced entitlement of pension/family pension, commutation and gratuity for the period 1. 1. 97 to 31. 12. 97, shall not be payable in cash. . . THE arrear amount for the period 1. 1. 97 to 31. 12. 97 shall be payable in sixty equal monthly instalments or at the option of the pensioner, shall be payable in sixty equal monthly instalments or at the option of the pensioner, shall be credited in the G. P. F. Account. . " On attaining the age of superannuation, the petitioner's pension case was finalised, pension payment order was issued and his application for commutation was processed and accepted. The commutation value authorised to be payable was calculated at Rs. 2,30,580/-and similarly an amount of Rs. 2,05,574/-was calculated to be the amount of gratuity payable to the petitioner and necessary authorisation in that regard was issued. Out of the aforesaid amounts sanctioned to be payable to the petitioner, the amounts already paid were shown to be deducted and the net payable amount was shown to be Rs. 1,55,368/-and Rs. 90,136/-respectively. The payment order has been placed on record as Annex. 2. The grievance of the writ petitioner is that by putting a rubber stamp on Annex. 2, the actual amount payable to the petitioner is shown as nil. The rubber stamp speaks "rest amount of this authority payable as per FD Notification No. F-15 (3)FD/rule/97 dt. 21. 3. 98". Petitioner raised a contention that amended Rule 6 under the Notification dt. 21. 3. 1998 has no application to his case as the petitioner had worked upto 31. 12. 97 and he became entitled for pension w. e. f. 1. 1. 1998. The learned Single Judge accepted the contention and held that as the writ petitioner worked upto 31. 12. 97, he became entitled to pension w. e. f 1. 1. 98 and as such to withhold the disbursement of gratuity and commuted value of pension and to make payment of arrears in accordance with the mode provided under Rule 6 is not jus-tified. In view of the finding, the learned Single Judge allowed the writ petition and directed the respondents to make payment of the enhanced gratuity and commutation of pension to the petitioner within a period of eight weeks from the date of submitting the certified copy of the order before the competent authority. While grievance of the writ petitioner is that learned Single Judge did not award interest on the amount payable to him as per the judgment, the grievance of the State is that the learned Single Judge erred in holding that the Notification dt. 21. 3. 98 was not applicable in case of the petitioner as he worked upto 31. 12. 97 and became entitled to pension w. e. f. 1. 1. 98. Hence these two separate appeals. We have heard Mr. R. L. Jangid Addl. Advocate General for the State of Raj-asthan and Mr. N. P. Gupta learned counsel for the writ petitioner Ram Prasad.
(3.) THE question which arises for consideration is- " Whether for the mode of payment of enhanced commutation and gratuity in accordance with the amended Rule 6 of the Amended Pension Rules, 1998 under the Notification dated 21. 03. 1998, the crucial date is specified date of retirement (on attaining the age of superannuation or otherwise provided) or the next day, the date from which the retirement becomes effective. " We are unable to agree with the view of the learned Single Judge that as the petitioner worked on 31. 12. 97, he became entitled for pension w. e. f. 1. 1. 98. The rules regulating the age of superannuation or the terms of conditions of service simply provide retirement of a Govt. servant on attaining the specific age or comple-tion of specified period of service. Thus, the retirement is automatic and in absence of the specific order to the contrary by the competent authority, a Govt. servant is deemed to have retired on a due date. In the instant case, it is not in dispute that due date of retirement of the writ petitioner is 31. 12. 1997. Accordingly, he was relieved from the office in the afternoon of 31. 12. 1997. Thus, he acquired the status of a retired Govt. servant on 31. 12. 97 itself. The amount for the period 1. 1. 97 to 31. 12. 97 became due on 31. 12. 97 itself which is the crucial date. Thus, the amount due was payable in terms of Rule 6 i. e. by crediting the amount in G. P. F. Account for which the procedure has been provided under Notification dated 21. 3. 98. In view of the aforesaid, the Special Appeal filed by the State of Rajasthan Succeeds and the judgment of the learned Single Judge dated 9. 03. 1999 is quashed and set aside. The Special Appeal filed by writ petitioner Ram Prasad being D. B. Civil Special Appeal No. 715/1999 being devoid of merit, is dismissed. Conse-quently, the writ petition filed by Ram Prasad stands dismissed. No order as to costs. . ;