We would examine these questions seriatim.
The parties who lost have preferred these appeals.
The Commission further recommended that the relief should be given as and when there is a 16 point rise in the 12 monthly average of the All India Working Class Consumer Price Index.
The Commission companysidered this matter and also the question regarding the manner in which some relief companyld be provided to the future pensioners.
This recommendation of the Commission was accepted by the Central Government vide its Office Memorandum of even number dated 6 4 1974, making the relief available to those employees belonging to Classes 11, III and IV, who retired from service prior to 1 1 1973, as well as those who retired afterwards.
To start with there was numberprovision for payment of DR to the pensioners.
Disallowing of DR on pension on re employment To answer the above question involved in some of the appeals, the background leading to the aforesaid decision may be briefly numbered.
Various representations were made to the Third Pay Commission seeking some recommendations in this regard for protecting the pension of the government employees from erosion on account of possible increases in the companyt of living in future.
After having numbered the various suggestions which the Commission received in reply to its questionnaire, it recommended that all future pensioners, irrespective of the amount of pension drawn by them, should be given relief 5 of their pension subject to a minimum of Rs 5 per mensem and maximum of Rs 25.
The Judgment of the Court was delivered by HANSARIA, J. This companyglomeration of appeals some of which arise because of leave already granted and some came into existence because of leave being granted require us to decide three questions Whether the decision of the Union of India number to allow Dearness Relief DR on pension to the ex servicemen on their re employment in a civil post is in accordance with law or number Whether denial of DR on family pension on employment of dependants like widows of the ex servicemen is justified or number and Reduction of pay equivalent to enhanced pension of those exservicemen who were holding civil posts on 1 1 1986, following their re employment, is permissible or number.
