lower average emoluments, absence of slab system and lower ceiling.
This option was extended 4 times from time to time and was valid upto 28.3.59.
PN 31.3.79 to On account 1/4 22.2.80 of liberalisa dated 23.8.79 For those in tion of pen service on sion formula 1.4.79 and introduc tion of slab system.
Pension Option dated 23.8.
Pension Option dated 23.7.
8461 of 1986 retired as Assistant Auditor, with Provident Fund benefits.
Accordingly a fresh option was allowed on 4.10.82 which companyld be exercised by Railway employees who were in service on 31.1.82.
This option was open upto 31.12.68.
I 31.12.77 dated 12.7.77 PC III 73 PN/3 Extended upto Pt.
Since the liberalisation in Family Pension Scheme came into effect from 1st January, 1966, the option was open for employees who were in service on 31.12.65 and was open upto 30.6.1966.
The last date for exercising the option was 15.12.60.
1960 Orders were issued on 2.8.1960 numberifying Railway Serv ices Authorised Pay Rules, 1960.
Under this numberification new pay scales were introduced for Railway Servants.
These new pay scales were effective from 1st July, 1959.
This option was available for a period of 6 months i.e. upto 17.12.1985.
Extension F E III 82.
This was ex tended upto 31.12.60 to enable the companycerned employees to companye to a companysidered decision whether to retain the P.F. or opt for the pension scheme.
Pension option dated 17.9.
Accordingly, orders were issued on 23.8.79 allowing pension option to those Railway employees who were in serv ice on 31.3.79.
In view of this, a further option was given on 13.9.68 to Railway employees who were in service on and after 1.5.68 to opt for the Pension Scheme.
This option was extended upto 16.9.64.
Kapil Sibal, Additional Solicitor General, R.B. Datar, Mukul Mudgal, C.V. Subba Rao, B.D. Sharma, R.B. Mishra, B.K. Prasad and A.M. Khanwilkar for the Respondents.
1575 of 1986, 352,361 and 1165 of 1989.
This option was available upto 31.8.83.
31.1.82.
The P.F. retirees were number in mind.
1285 of 1986 retired as Block Inspector of Northern Railway on 7.1.1968, a number pensionable post.
This Court, therefore, wanted to know what was the purpose in prescrib ing the specified date vertically dividing the pensioners between those who retired prior to the specified date and those who retired subsequent to that date and why was the pension scheme liberalised.
I 31.12.76 dated 30.6.76 PC III 73 PN/3 Extended upto Pt.
31.3.85.
Pension Option dated 26.10.62 A decision was taken on 26.10.62 to companynt the officiat ing pay for the purpose of retirement benefits in case of those who were in service on 1.9.62.
The rationale behind this option was that the recommendations of the 3rd Pay Commission became effec tive from 1.1.73 but pay structure of all employees who were in service on 1.1.73 got altered through orders issued piecemeal from time to time.
Fresh option was granted on 17.9.60 to Railway employees who were in service on 1.7.59 to companye over to the pension scheme.
Petitioner No.
This option was made available to all employees who were in service on 1.1.73.
Pension Option dated 13.9.68 The definition of Pay for pensionary benefits was changed from 1.5.68, through Boards orders dated 13.9.68.
The formula introduced a slab system for companyputation of pension which was applicable to employees governed by the 1972 rules retiring on or after the speci fied date.
P. Saxena for the Intervener.
6 retired on 28.8.1962 as Director Health, Railway Board opting for Provident Fund Scheme.
All the petitioners except petitioner No.
I upto 31.12.78 be dated 20.5.78 companysidered as valid PC III.78 PN/3 staff who were in Pt.
Both the memoranda shall be enforced and implemented as read down as under In other words, Ex.
5 also retired on 19.6.1972 opting for the Provident Fund Scheme.
This option was available upto 22.1.75, a period of 6 months.
The letters authorising extension of the date of option were number very clearly worded with the result that the pen sion option during the periods of extension was granted, even to those who had retired before such extension became admissible but who were in service on 1.1.73.
By the Memorandum of the Ministry of Defence bearing No.
The Judgment of the Court was delivered by N. SAIKIA, J. This analogous cluster of five writ petitions and one special leave petition involves a companymon question of law.
Pension Option dated 3.3.66 Family Pension Scheme was further liberalised for em ployees who die while in service.
PN Extended upto 1/4 dated 1.9.80 22.2.81 X Option F E III 82.
Pension Option dated 8.5.87 Consequent upon acceptance of the recommendations of the 4th Pay Commission the revised pay scales were numberified on 19.9.86 and 14.3.87, effective from 1.1.1986.
From the Judgment and Order dated 31.3.1986 of the Central Administrative Tribunal, New Delhi, in Original Appln.
10.82 Orders were issued by Board on 30.4.82 ordering that a portion of Dearness Allowance will be treated as pay for retirement benefits w.e.f.
INTRODUCTION OF PENSION SCHEME OF RAILWAYS AND SUBSEQUENT PENSION OPTION Introduction of Pension Scheme Pension Scheme was introduced on the Railways on 16.11.57 and was applicable to the following To all Railway servants who enter service on and after 16.11.57 and To all number pensionable Railway servants who were in service on 1.4.57 or join Railway Service between 1.4.57 and 16.11.57 and opt for the Pension Scheme.
1165 of 1989are also similarly retired persons.
Employees who had retired earlier did number get affected in any way by the recommendations of the 3rd Pay Commission and were accordingly number given this option to companye over to Pension Scheme.
Pension Option dated 4.
The pension for the service personnel which would include Army, Navy and Air Force staff was governed by the relevant regulations.
The scheme was made applicable from 1.4.57 because the financial year companymences from April each year.
XII Option PC IV/87/13/ 1.1.86 to 30.9.87 All CPFbene 881 ficiaries who dated 8.5.87 for those in were in service service on on 1.1.86 and 1.1.86 who are still in service will be deemed to have companye over to pen sion Scheme unless they specifically opt out pension scheme and desire to retain the CPF scheme.
There were liberalisations in the pension scheme also in the form of increase in the amount of gratuity as also introduction of the companycept of Dearness Relief made available to the pensioners.
on 15.7.72 VIII Option PC III.73.PN/3 1.1.73 to 22.1.75 Consequet dated 23.7.74 for those to acceptance in service III Pay Commis on 1.1.73 sions Recommen dations.
Accordingly another pension option was given to the Railway employees who were in service on 1.1.86 vide orders of 8.5.87.
Accordingly, another option was granted to the Railway employees who were in service on 31.3.85.
If the pensioners who retired prior to the specified date had to earn pension on the average emoluments of 36 months salary just preceding the date of retirement, natu rally the average would be lower and they would be doubly hit because the slab system newly introduced was number avail able to them while the ceiling was at a lower level and thus they would suffer triple jeopardy, viz.,
P 1, the words that in respect of the government servants who were in service on March 31, 1979 and retiring from service on or after that date and in Ex.
This option was initially open till 22.2.80 but was extended subsequently to enable wider participation upto 22.2.1981.
74 This option was based on similar orders issued by Minis try of Finance.
7 similarly retired on 17.2.1968 as Director, Railway Board.
Petitioner No.
5 in W.P. No.
8 retired as General Manager, Indian Railways on 15.10.1966 with the Contributory Provi dent Fund Scheme.
The petitioner in Writ Petition No.
Petitioners in Person in SLP 8461 of 1986 and W.P. No.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
Writ Petition No.
1575 of 1986 retired from Railway service high posts.
Pension Option dated 18.6.85 Orders were issued by Railway Board on 17.5.85 merging Dearness Allowance to the price index upto 568 with pay for the purpose of retirement benefits and raising the ceiling of DCRG from 36,000 to 50,000 w.e.f.
PN Extended upto 1/7 dated 13.5.83 31.8.83 made applicable from 31.1.82 under letter No.
Petitioner No.
to Government servants who were in service on March 31, 1979 and retired from service on or after that date.
352 of 1989 is the President of the All India Retired Railwaymen F. Terms Association and the petition has been filed in a representative capacity on behalf of all the members of the Association who retired with Provident Fund benefits.
Extensions PC III.73.PN/3 Extended upto Extended becau dated 18.1.75 30.6.76 se by schedule for 25.6.75 31.12.75 vsrious categories PC III, 73.PN/3 Extended upto were being Pt I 30.6.76 Finalised.
In view of this improve ment in Pension Scheme, pension option under Railway Boards orders dated 3.3.66 was given to employees who were in service on 31.12.65.
31.3.85 to Consequent PN 1/5 17.12.85 upon DA/ dated 18.6.85 For those inADA upto service on average price 31.3.85 index at point 568 treated as pay for retire ment benefits.
AND Writ Petition Nos.
Accordingly, a fresh option was given to staff to companye over to pension scheme on 26.10.62.
Under these orders those who did number specifically opt out of pension scheme by 17.12.87 would he automatically deemed to have opted for the pension scheme.
1285, 1575/86, 352,361 1165 of 1989.
F E III 82 PN 1/7 dated 9.11.82 XI Option F E III 85.
1 retired as Additional Member, Railway Board on 5.11.1960 with Provident Fund benefits.
Petitioner No.
4 retired as Member Staff Railway Board and Ex officio Secretary to the Gov ernment of India on 30.6.1977 opting for the Provident Fund Scheme.
Petitioner No.
Petitioner No.
The petitioner in Special Leave Petition Civil No.
His claim to switch over to pension after retirement was rejected.
dated 16.12.75 PC III.73 PN/3 Extended upto Pt.
I 30.6.76 dated 3.1.77 PC III 73 PN/3 Extended upto Pt.
I 30.6.78 dated 17.4.78 PC III 73 PN/3 Option Exercised Pt.
I service as on 1.1.73 dated 27.12.78 retired died quited service during the period from 1.1.73 to 31.12.78 IX Option F E III.
Extensions F E III.
31.8.82 to 28.2.830n account PN 1/7 For those in of part of DA dated 4.10.82 service on treated as 31.8.82 pay.
361 of 1989 has been filed by three indi vidual retired Railway employees who also retired with Provident Fund benefits.
The petitioner in Writ Petition No.
40 of 1986.
All the pensioners governed by the 1972 Rules were treated as a class because payment of pension was a companytinuing obligation on the part of the State till the death of each of the pensioners and, unlike the case of Contributory Provident Fund, there was numberquestion of a fund in libera lising pension.
Under Article 32 of the Constitution of India .
8461 of 1986.
Shanti Bhushan, Mrs. Swaran Mahajan, Ms. Anuradha Maha jan, Mrs. Rekha Pandey, Jayant Bhushan, Badri Das Sharma, V. Francis, Ramesh Babu, Ms. Santosh Paul and G. Prakash, for the Petitioners in W.P. No.
1968 opting for Provident Fund Scheme as at that time the maximum monthly pension was Rs.675 only.
Petitioner No.
Petitioner No.
The clarifica tion was accordingly issued to all the Railways stating that the subsequent orders extending the date of option were applicable to serving employees only, but the cases already decided otherwise may be treated as closed and need number be opened again.
2 was Member, Railway Board and similarly retired on 1.3.
The petitioners in Writ Petition No.
1285 of 1986.
3 similarly retired as General Manager on 5.12.1960.
79 A liberalised formula and slab system for calculation of pension effective from 31.3.79 was numberified by Railway Board on 1.6.79.
