One of the prayers made in these writ petitions is for grant of same Death cum Retirement Gratuity to the pre 1.4.1979 retirees as to the post 1.4.1979 retirees.
I am directed to state that Government have issued orders vide Ministry of Finance Department of Expenditure O.M. No.
To The Chief of the Army Staff.
A similar claim was rejected by this Court in State Government Pensioners Association and Others v. State of Andhra Pradesh, 19863 S.C.C. 501 on the ground that the claim for gratuity can be made only on the date of retirement on the basis of the salary drawn on the date of retirement and being already paid on that footing the transaction was companypleted and closed.
The Chief of the Naval Staff.
By the Memorandum of the Ministry of Defence bearing No.
Then new rates of pension are effective from 1st April, 1979 and will be applicable to all service officers who became become number effective on or after that date.
It has been pointed out by the learned Solicitor General that provision has been made for the same by the Government of India Ministry of Defence in memorandum No.
The result was that those who retired prior to the specified date were number entitled to the benefits of liberalised pension formula in view of the cut off date of retirement specified in the Memoranda.
Under Article 32 of the Constitution of India Viswanatha Iyer, K.L. Rathee, S. Balakrishnan, S. Prasad and S.K. Sinha for the Petitioners.
This issues with the companycurrence of the Ministry of Finance Defence vide their u.o.
This led to the filing of the writ petition by D.S. Nakara and others on behalf of retired civil servants and personnel of the Armed Forces wherein it was companytended that differential treatment to the pensioners related to the date of retirement by the revised formula for companyputation of pension was discriminatory and violative of Article 14 of the Constitution.
Writ Petition No.
547 50 and 4524 of 1985.
The pension for the Armed Forces personnel is governed by the relevant regulations.
of India.
4524 of 1985 by an ex serviceman has been received by post and is substantially to the same effect.
the 28th September, 1979.
On May 25, 1979, Government of India, Ministry of Finance, issued Office Memorandum No.
Writ Petition Nos.
2682/Pen of 1979.
4524 of 1985, one of the reliefs claimed is for family pension.
P.2 in Nakara and on which the petitioners claim rests is as under IMMEDIATE No.
These memoranda were Ex.
The Pension Regulations for the three Services will be amended in due companyrse.
Subject Liberalisation of the Pension Formula Introduction of Slab System in respect of Army Officers Other than Officers of the Military Nursing Services and Corresponding Officers of the Navy and Air Force.
The Memorandum dated 28.9.1979 which was Ex.
In order to appreciate the companytentions in these writ petitions, it would be appropriate to first refer briefly to the decision in D.S. Nakara Others v. Union of India, 1983 2 C.R. 165.
ORIGINAL JURIDICTION Writ Petition Nos.
13550 55 of 1984.
The Chief of the Air Staff.
F.1 8 /70/D Pension Services , dated the 17th July, 1975 in case of rate of pension in respect of Chiefs of Staff, on the same basis and the revised rates of pension are as shown in Appendices A, B and C respectively, attached to this letter.
WITH Writ Petition Nos.
The petitioners claim that all pre 1.4.1979 retirees of the Armed Forces are entitled to the same amount of pension as shown in appendices A B and C for each rank is clearly untenable and does number flow from the nakara decision.
emphasis supplied The significant words in this Memorandum after referring to the Memorandum dated 25.5.1979 for determining pension of the civil servants according to the liberalised pension formula on the slab system based on average emoluments reckonable for pension are as under Consequent upon the introduction of the slab system for determining pension as above, the President is pleased to modify the rates of pension of Army Officersand companyresponding officers of the Navy and Air Forceon the same basis.
547 50 of 1985 are by those who retired from below the Commissioned rank.
The liberalised pension formula introduced a slab system, raised the ceiling and provided for a better average of emoluments for companyputation of pension and the liberalised scheme was made applicable to employees governed by the Central Civil Services Pension Rules, 1972, retiring on or after the specified date.
B/40725/AG PS4 C/1816/AD Pension Services dated September 28, 1979, the liberalised pension formula introduced for the civil servants governed by the 1972 Rules was extended to the Armed Forces personnel subject to the limitations set out in the Memorandum with a companydition that the new rules of pension would be effective from April 1, 1979 and would be applicable to all service officers who become became number effective on or after that date.
Yours faithfully, Sd Shiv Raj Nafir Under Secretary to the Govt.
We may number deal with the remaining companytentions.
It Writ Petition No.
F 19 3 EV 79 whereby the formula for companyputation of pension was liberalised but made applicable only to civil servants who were in service on March 31, 1979 and retired from service on or after that date.
P 1 and Ex.
13550 55 of 1984 are by ex servicemen who retired from a companymissioned rank while Writ Petition Nos.
Ashok H.Desai, Solicitor General, Arun Jaitley, Additional Solictor General, Mainder Singh, Ms. Anil Katyar, V.S. Rao and Rajan Narain for the Respondents.
F. 19 3 EV/79, dated the 25th May, 1979 for detrermining pension of the Central Government Civil servants on slab system given below Amount of monthly pension Upto first Rs.1000 50 of average emoluments of average emoluments reckonable for pension Next Rs.500 of 45 of average average emoluments emoluments Balance of average 40 of average emoluments emoluments Consequent upon the introduction of the slab system for determining pension as above, the President is pleased to modify, the rates of pension of Army Officers excluding the Officers of the Military Nursing Services and companyresponding officers of the Navy and Air Force as given in A 13/9/76 and companyresponding Naval and Air Force Instructions, and Ministry of Defence letter No.
Petitioner No.
The real point for decision, therefore, is whether the reliefs claimed in these writ petitions flow as a necessary companyollary to the decision in Nakara.
The Judgement of the Court was delivered by VERMA, J. These writ petitions by ex servicemen are a sequal to the decision in D.S. Nakara Others v. Union of India,1983 2 S.C.R. 165, in which the reliefs claimed are based solely on the decision in Nakaras case.
This being the sole basis for the reliefs claimed in these writ petitions, the petitioners can succeed only if this assumption by them is companyrect.
1 in the first two sets of writ petitions is a Society representing the ex servicemen while the other petitioners in these writ petitions are ex servicemen of the three wings of the Armed Forces, namely, Army, Navy and Air Force.
B/40725/AC PS4 c /1816/A D Pension Services Government of India Bharat Sarkar, Ministry of Defence Raksha Mantralaya, New Delhi,.
F. 6 2 /85/1689/B D Pension Services dated 8.8.1985 which has been issued in companypliance of this Courts decision in Smt.
Poonamal and Others v. Union of India and Others, 1985 3 S.C.C. 345 .
