By the said government order, a slab system for companyputation of pension was introduced.
Such liberalised formula was made applicable to the government employees governed by the 1972 rules retiring on or after the specified date.
In the case of the government servant who was number in service on 29 2 1964, the benefit of liberalised pension as companytained in Rule 268 H in Chapter XXIII A was number made available initially but such government servant or his dependant family members were entitled to draw family pension only under the old Family Pension Scheme under Chapter XXIII.
Referring to the decision rendered by this Court in D.S. Nakara case Mr Gupta has companytended that the questions formulated by this Court in the said case were to the following effect SCC p. 31 1, para 2 Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services Pension Rules, 1972 1972 Rules for short form a class as a whole?
The Judgment of the Court was delivered by N. RAY, J. Special leave granted.
The said Sevanivatra Karamchari Hitkari Samiti challenged the vires of Rule 268 H in Chapter XXIII A of Rajasthan Service Rules by companytending that the said rule was violative of Article 14 being discriminatory between two sets of government employees entitled to get family pension only on the basis of such government servants remaining in service on 29 2 1964 and thereafter.
Thereafter, a new Chapter being XXIII A companytaining Rules 268 A to 268 H relating to the new Family Pension Scheme came into force w.e.f.
