JUDGMENT

G.B. Pattanaik, J.-These two appeals involve a common question of law and as such were heard together and are being disposed of by the common judgment. The respondent in both the appeals are pre-1979 retiree, the respondent in Civil Appeal No. 5450 of 1994 having superannuated on 14.11.1969 and the respondent in the other appeal having superannuated before December 1968. On superannuation, their pension had been computed in accordance with Rule 256 of the Rajasthan Service Rules, 1951, (hereinafter referred to as the Rules ) whereunder Dearness Allowance received by them while in service had not been taken into account for computation in the amount of pension. On 18th March, 1971 the Governor of Rajasthan in exercise of powers conferred by proviso to Article 309 of the Constitution amended the Rules giving it retrospective effect w.e.f. 1.4.1970, which was inserted as Rule 250-C(1)(a). The said provision stipulates that in case of Government Servants retiring from service on or after 1.4.1970 the term "emoluments" used for the purpose of pension, service gratuity and death-cum-retirement gratuity shall mean the pay as defined in Rule 7(24) and Dearness pay appropriate to pay, if any, which the officer was receiving immediately before his retirement. The aforesaid provision is extracted herein below in extenso:

"Notwithstanding the provisions contained in rule 250, 250-A, 250-B in case of Government Servants retiring from service on or after 1.4.1970, the term emoluments used for purposes of pension, service gratuity and death-cum-retirement gratuity shall mean the "pay" as defined in rule 7(24) and dearness pay appropriate to pay, if any, which the officer was receiving immediately before his retirement, provided that-

(2) The Special Pay, if any, granted for performance of additional duties or a post in addition to duties of his own post shall not be taken into account for the purpose of this rule".

2. By the said Notification dated 18th March, 1971 Rule 250-A(1) was also amended giving it retrospective effect from w.e.f. 1.4.1970, which is extracted herein below in extenso :

"Notwithstanding the provisions contained in rule 256, in case of a Government servant retiring from service on or after 1.4.70 the amount of superannuation, retiring, invalid and compensation gratuity and the pension shall be admissible as follows :

Completed six Scale of Maximum

monthly periods Gratuity/ Pension

of qualifying Pension (in Rs. per

service annum)

1 2 3

60  30/80th ,, ,, 8100

By Notification dated 2.12.1974 giving it retrospective effect w.e.f. 31.10.1974 Rule 256-B was also amended which extracted herein below in extenso :

"Notwithstanding the provisions contained in Rule 256-A, in respect of a Government Servant retiring on or after 31.10.1974 the amount of superannuation retiring invalid and compensation gratuity and pension admissible shall be as follows:-

Completed six Scale of Maximum

monthly Gratuity/ Pension

periods of pension (in Rs. per

qualifying annum)

1 2 3

66 33/80th ,, ,, 12000.00

The effect of the aforesaid amendment was that while the maximum pension in respect of Government Servants retiring from service on or after 1.4.1970 was 8,100, but those who retired on or after 31.10.1974 it became 12,000 and while in case of the former pension was to be computed on 30/80th but in case of later it became 33/80th. By Notification dated 2.12.74 Rule 250-C(3) was also amended providing therein that in case of Government servants retiring on or after 31.10.1974 the term "emoluments" used for the purpose of pension, service gratuity and death-cum-retirement gratuity shall mean pay as defined in Rule 7(24) and shall include dearness allowance, dearness pay (where admissible) and ad-hoc reliefs admissible on 31.12.1972. By Notificat