Judgment

Srinivasan, J.-The first respondent in this appeal was a member of the West Bengal Higher Judicial Service and retired as Chief Metropol­itan Magistrate, Calcutta in February, 1981. At that time, he was drawing pay in the super time scale of Rs. 2500-2750 plus admissible allowances. His pension was fixed in accordance with the rules at the maximum rate of Rs. 1225/- per month. His retirement gratuity was settled at Rs. 30000/-.

2. According to Rule 91 of the West Bengal Service (Death - cum - Retirement) Bene­fit Rules, 1971, the rules applicable to members of All India Services shall apply mutatis mutandis to members of West Bengal Higher Judicial Service. There is no dispute that the first respondent’s pension was fixed in accordance therewith.

3. The Indian Administrative Service (Pay) Rules, 1954 was amended on the basis of the recommendation of the Fourth Central Pay Commission as per Government Order dated 13th March, 1987. Thereby the previous single super-time selection grade applicable to the central government officers in the ranks of Joint Secretaries at Rs. 2500-2750 was re­structured into three categories;

A. Rs. 5900-200-6700,

B.