Judgement

RAY, C. J. :- The only question which falls for determination in these petitions and appeals is whether Regulation 561 and 983 of the Civil Service Regulations could be amended by the former Secretary of State, Service Officers (Conditions of Service) Act, 1972.

2. The 1972 Act is to provide for the variation or revocation of the conditions of service of former Secretary of State Service Officers in respect of certain matters and for matters connected therewith or incidental thereto. The 1972 Act has changed Regulations 561 and 983 of the Civil Service Regulations.

3. Regulation 561 provided that officers who had joined the Indian Civil Service prior to 1921 were entitled to annuity of £1000. Officers who joined the Indian Civil Service after 1921 were entitled to annuity of Rs.10,666-10-8. The annuity was subject to a minimum of £1000.

4. Regulation 983 provided that officers who joined service prior to 1921 could be paid annuities in sterling money in London or in India in rupees at Rs.10-2/3 for pound sterling in certain cases of annuitants and at Rupees 10-65 for pound sterling in the case of some other annuitants. Any annuitant who resided in India could exercise the option of receiving it at the rate of exchange fixed for the British and the Indian Exchequers. Officers who joined service after 1921 were entitled to payment of annuity at the option of the recipient either in rupees converted into sterling at the rate of exchange declared to exist on the date on which payment fell due or at the fixed minimum sterling. If payment was taken in India it would be either in rupees or at the fixed sterling minimum converted into rupees at the rate of exchange declared to exist on the date on which payment fell due. Annuitants of certain classes were given the option to receive annuity converted into rupees at the rate of 1sh-6d to a rupee so long as they resided in India.

5. On 15 August, 1947 under Regulation 561 of the Civil Service Regulations a member of the Indian Civil Service on retirement was entitled to an annuity of Rs.10,666-10-8 subject to a minimum of £1000. If a member of the Indian Civil Service chose to draw his pension at the "Home Treasury", that is London, he could draw his sterling minimum of £1000. It may be stated here that the Secretary or state in a despatch dated 25 February, 1928 laid down the rate of exchange for the purpose of pension and overseas pay etc. at 1sh-6d to a rupee, and this rate of exchange continued up to the date of transfer, viz., 15 August, 1947.

6. Regulation 561 was amended by the President under the provisions of Article 309. The amendment came into force on 12 June, 1956. As a result of the amendment Indian members of the Indian Civil Service who retired or sought retirement were entitled under Regulation 561 to an annuity of Rs.13,333.33 payable in Indian in rupees only. The annuity of Rs.13,333.33 was equivalent to £1000 converted into rupees at the rate of 1sh-6d to a rupee.

7. The amendment Regulation 561 converted the payment of annuity of £1000 at the rate of 1sh-6d to a rupee, that is to say, at the rate which was fixed by the Secretary of State in 1928 and which continued up to 15 August, 1947.

8. The amendment in 1956 delinked the pension to a currency which no longer continued to be legal tender in Indian Treasuries. This was necessary because of the changed conditions flowing from the transfer of power.

9. The amendment of Regulation 561 does not infringe the provisions of Article 14 and 16 of the Constitution. The amendment makes no distinction in the matter of payment of pension to the members of the Indian Civil Service retiring after 12 June, 1956 irrespective of the fact that they are citizens of India or are of non-Indian domicile if they down their pension in India.

10. On or from 12 June, 1956 all members of the Indian Civil Service having their residence in India on retirement are entitled to their authority only in India and in rupees alone.

11. Under Regulatio