Thus both the rules guarantee 50 of pension irrespective of date of retirement.
April 1, 1978.
Earlier the rates of Family pension were different for different ranges of pay and the minimum was Rs.60 and maximum Rs.250.
It has been alleged that so far as the recommenda tions of the Commission in regard to the increased pay scales are companycerned, the same were accepted and implemented by the State Government w.e.f.
The Family pension was increased to 30 of the last drawn pay without any maximum limit.
Earlier the formula was 1/4th of pay for every six months service subject to a maximum of 16 1/2 times and emoluments limited to Rs.30,000.
It has also been alleged by the petitioners that the State Government issued G.O. P No.
888 892 of 1987, 757 of 1988 and 316 of 1989.
The companytention of the petitioners is that by the above Rules two categories of pensioners were created with different rates of pension which is company pletely arbitrary and in violation of the law declared by this Honble Court in D.S. Nakara Others v. Union of India, 1983 2 SCR 165.
12605/85 was filed by the Andhra Pradesh State Government Retired Officers Association and Others v. The State of Andhra Pradesh and Others on identical grounds and the same was dismissed by this Honble Court by an order dated 2.3.1987.
1st April, 1978.
As regards the age of superannuation, the Government of Andhra Pradesh increased the age of superannuation to 58 years w.e.f.
The petitioners have, therefore, prayed that pension rules Part II which has been made ap plicable to Government servants having retired between 1st April, 1978 and 28th October, 1979 be quashed and it may be directed that they would also be governed by Part I of the Rules which is applicable to those Government servants who were in service on 29th October, 1979.
The above rules divided the Government servants for the purpose of pension into two parts, Part I applying to all Government servants who were in service on 29th October, 1979 and Part II applying to such of the Government servants who retired died in between 1st April, 1978 and 28th October, 1979 both dates inclusive .
In the companynter affidavit it has been stated that Pay Revision Commissioner was appointed to review the structure of different scales of Pay, dearness allowance and other companypensatory allowance of all categories of employees of the State Government, Local Bodies and Aided Institutions as well as work charge establishments.
88 Finance and Planning dated March 26, 1980 whereby the Revised Pension Rules, 1980 were promulgated.
S. Gururaja Rao, Mrs. C. Markandeya and S. Markandeya for the Petitioners.
An additional term of reference was added for reviewing the existing retirement benefit of all categories.
ORIGINAL JURISDICTION Writ Petition Civil Nos.
It was pointed out that the pension formula would be 30/60 for those who retired between 1.4.1978 and 28.10.1979 and their pension worked out on the basis of 30/60 of the average emoluments and in respect of those who retired on or after 29.10.1979, it would be worked out as 33/66.
Krishnamurthy Iyer, P. Parthasarthi and T.V.S.N. Chari for the Respondent.
By another Government Order dated January 28, 1978 the Pay Revision Commissioner was also directed to review the existing retirement benefits inter alia to all employees of the State Government and to examine the question of extension of retirement benefits and make suitable recommendations in that regard.
In Paragraphs 9.42 to 9.45 of its report the Pay Revision Commissioner specifically recommended that the age of retirement should be increased from 55 years to 58 years.
The companynter affidavit has been filed on behalf of the State of Andhra Pradesh.
It was also pointed out in the companynter affidavit that a writ petition civil No.
The Pay Revision Commissioner submitted a report companyprised of five volumes.
The case of the petitioners is that in pursuance to persistent demands made by the State Govern ment Employees to revise their pay scales the Andhra Pradesh Government by Government Order dated November 3, 1977 ap pointed Shri A. Krishnaswamy, I.A.S. Retd.
The Commission recommended that the date from which the revised scales of pay would be given effect to should be April 1, 1978.
After care fully companysidering all the relevant factors the Government implemented the recommendations relating to revision of scales of pay w.e.f.
The Judgment of the Court was delivered by KASLIWAL, J. The above mentioned bunch of writ petitions under Article 32 of the Constitution of India have been filed by the retired Government servants of the Government of Andhra Pradesh having retired in between 1st April, 1978 and 28th October, 1979.
283 Finance and Planning.
As the date of superannuation was enhanced to 58 years on 29.10.1979 it was necessary to draw a line between those who retired earlier to that date and those who retired subse quent to 29.10.1979.
as the Pay Revision Commissioner.
Formula for calculation of gratuity was increased to 1/3rd of emoluments for each companypleted six months period of qualifying service subject to a maximum of 20 months emolu ments and limited to Rs.30,000.
But so far as the recommendation in regard to increase in the age of superannuation from 55 years to 58 years, the same was implemented only w.e.f.
October 29, 1979 through G.O.M.S. No.
