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