This is only to be stated to be rejected.
147 of 71 petitioners In W.P. No.
65 66, and 74 of 1970 respectively .
2 In CA.
Even in 1928 the Secretary of State regulated the rate of exchange.
When Indian Civil Servants, were in the employment of the British Government, they had under Regulations 561 and 983 certain privileges.
12/71 The judgement by the Court was delivered by RAY, C.J.The only question which falls for determination in these petitions and appeal is whether Regulations 561 and 983 of the Civil Service Regulations companyld be amended by the Former Secretary of State, Service Officers Conditions of Service Act, 1972.
12, 471 474/72 Appellant In CAs.
The amended Regulation 561 companyverted the payment of annuity of pond 1000 at the rate of 1 sh 6 d to a rupee, that is to say, at the rate which was fixed by the Secretary of State in 1928 and which companytinued up to 15 August, 1947.
The petitioner Raman in particular and others who supported him companytended that officers who belonged to the Indian Civil Service were entitled to payment of annuity by companyverting pound 1000 into Indian currency at the official rate of exchange.
Officers who joined service after 1921 were entitled to payment of annuity at the option of the recipient either in rupees companyverted into sterling at the rate of exchange declared to exist on the date on which payment fell due or at the fixed minimum sterling.
141 of 1971 and 268 of 1972.
12, 17, 471 474/1972 and CA.
The petitioners and the appellant in CA 147 of 1971 and CA 2467 and 2468 of 1972 all joined the Indian Civil Service after 1921.
WITH Writ Petitions Nos.
1 In W.P. No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The 1972 Act has changed Regulations 561 and 983 of the Civil Service Reg ulations.
2467 2468 of 1972.
12 of 1971, 17 471 474 of 1972 Petitions Under Article 32 of the Constitution K. Bisaria, for the appellant In CA.
471/72 R. M. Mchta and R. Sachthey for the appellant In CA.
S. Chatterjee, for the respondent No.
Appeals from the Judgments Orders dated the 20th January, 1972 of the Delhi High Court in L.P.As Nos.
The pension to which these members of the Indian Civil Service were entitled on 15 August, 1947 has number been altered.
12/1971 P. Rana, for the respondent No.
of the Gujarat High Court in S.C.A. Nos.
2467 68/1972 P. Goyal, for the respondent In CA.
The annuity of Rs.
On or from 12 June, 1956 all members of the Indian Civil Service having their residence in India on retirement are entitled to their annuity only in India and in rupees alone.
Shri Raman one of the petitioners appearing in person submitted that the salary, annuity and pension of the members of the Indian Civil Service were, to borrow his words, basic structure which companyld number be amended by any Act of Parliament.
268/72 and Respondents Nos.
147/1971 , Respondent No.
Any annuitant who resided in India companyld exercise the option of receiving it at the rate of exchange fixed for the judgment of transactions between the British and the Indian Exchequers.
13,333.33 was equivalent to pond 1000 companyverted into rupees at the rate of 1 sh 6 d to a rupee.
The 1972 Act came into force on 1 October, 1972.
AND Civil Appeals Nos.
1 of 1968 and 1273 of 1967 respectively .
Officers who joined the Indian Civil Service after 1921 were entitled to annuity of Rs.
2467 2468/72 .
2467 2468/1972 Sen, excepting in to P. No.
Annuitants of certain classes were given the option to receive annuity companyverted into rupees at the rate 1 sh 6 d to a rupee so long as they resided in India.
3 In W.P. No.
If payment was taken in India it would be either in rupees or at the fixed sterling minimum companyverted into rupees at the rate of exchange declared to exist on the date on which payment fell due.
2 In W. P. No.
12/1971 N. Choudhry, for the respondent No.
Regulation 561 provided that officers who had joined the Indian Civil Service prior to 1921 were entitled to annuity of pond 1000.
The 1972 Act is to provide for the variation or revocation of the companyditions of service of former Secretary of State Service Officers in respect of certain matters and matters companynected therewith or incidental thereto.
The amendment makes numberdistinction in the matter of payment of pension to the members of the Indian Civil Service retiring after 12 June, 1956 irrespective of the fact that they are citizens of India or are of number Indian domicile if they draw their pension in India.
17/1972 M. Lal and E. C. Aggarwala, for the Petitioner In WPS Nos.
1 4 In CA.
