Judgement

VENKATARAMIAH, J.:- The short question involved in this case is whether the members of the All India Services who had retired prior to 1-1-1973 are entitled to payment of gratuity as a part of retirement benefits at the rates specified in the Notification No. 33/12/73-AIS(ii) dated 24-1-1975.

2. This appeal by special leave is filed against the decision of the Central Administrative Tribunal dated August 5, 1986 declaring that rule 28(6) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 insofar as it tended to restrict pensioners to retirement benefits to which they were entitled on the date of their retirement and sought to deny them the benefits of the liberalised pension and gratuity in the amended Notification No. 33/12/73 AIS(ii) dated 24-1-1975 was violative of Article 16 of the Constitution of India and further directing that all the members of the All India Services would be entitled to liberalised pensionary benefits including gratuity as per the said notification irrespective of whether they had retired prior to 1-1-1973 or thereafter. The above decision was given by the Central Administrative Tribunal, New Delhi in Regn. No. T-853/85 (C. W. No