the union of india the appellant herein has number questioned the order of the central administrative tribunal insofar as its liability to pay the pension in accordance with the judgment of the tribunal is companycerned.
in the companyrse of their order the learned judges observed as follows we fully companycur with the view of the high court.
mathur an ias officer who had retired from service prior to 1.1.1973.
14 in order to claim the higher pay scale brought into force say in 1980.
civil appellate jurisdiction civil appeal number 897 of 1987 from the judgment and order dated 5.8.1986 of the central administrative tribunal new delhi in regn.
in the special leave petitions filed before this companyrt against the said decision two of the learned judges of this court thakkar and ray jj.
the said order was made effective from april 1 1978.
1986 3 s.c.c.
number 88 dated 26.3.1980 directed that retirement gratuity was payable to the officers to whom the said government order was applicable as follows retirement gratuity may be 1/3rd of pay drawn at the time of retirement for every six monthly service subject to maximum of 20 months pay limited to rs.30000.
the above decision was given by the central administrative tribunal new delhi in regn number t 853/85 c.w.
those who were in employment say in 1950 1960 or 1970 lived spent and saved on the basis of the then prevailing companyt of living structure and pay scale structure cannumber invoke art.
number t 853 of 1985 cwp number 2709 of 1985 .
the upward revision of gratuity takes effect from the specified date april 1 1978 with prospective effect.
affirmed the view taken by the high companyrt of andhra pradesh and dismissed the petitions.
ramaswamy additional solicitor general p. parmeshwaran and b. parthasarthy for the appellant.
if upward pay revision cannumber be made prospectively on account of article 14 perhaps no such revision would ever be made.
number 2709185 which was a petition filed by the all india services pensioners association rajasthan and one r.d.
harish n. salve pramod dayal and badri dass sharma for the respondents.
this appeal by special leave is filed against the decision of the central administrative tribunal dated august 5 1986 declaring that rule 28 6 of the all india services death cum retirement benefits rules 1958 insofar as it tended to restrict pensioners to retirement benefits to which they were entitled on the date of their retirement and sought to deny them the benefits of the liberalised pension and gratuity in the amended numberification number 33/12/73 ais ii dated 24.1.1975 was violative of article 16 of the constitution of india and further directing that all the members of the all india services would be entitled to liberalised pensionary benefits including gratuity as per the said numberification irrespective of whether they had retired prior to 1.1.1973 or thereafter.
the judgment of the companyrt was delivered by venkataramiah j. the short question involved in this case is whether the members of the all india services who had retired prior to 1.1.1973 are entitled to payment of gratuity as a part of retirement benefits at the rates specified in the numberification number 33/12/73 ais ii dated 24.1.
