Judgment

KASLIWAL, J.:- The above mentioned bunch of writ petitions under Article 32 of the Constitution of India have been filed by the retired Government servants of the Government of Andhra Pradesh having retired in between 1st April, 1978 and 28th October, 1979. The case of the petitioners is that in pursuance to persistent demands made by the State Government Employees to revise their pay scales the Andhra Pradesh Government by Government Order dated November 3, 1977 appointed Shri A. Krishnaswamy, I. A. S. (Retd.) as the Pay Revision Commissioner. By another Government Order dated January 28, 1978 the Pay Revision Commissioner was also directed to review the existing retirement benefits inter alia to all employees of the State Government and to examine the question of extension of retirement benefits. and make suitable recommendations in that regard. The Pay Revision Commissioner submitted a report comprised of five volumes. The Commission recommended that the date from which the revised scales of pay would be given effect to should be April 1, 1978. In Paragraphs 9.42 to 9.45 of its report the Pay Revision Commissioner specifically recommended that the age of retirement should be. increased from 55 years to 58 years. It has been alleged that so far as the recommendations of the Commission in regard to the increased pay scales are concerned, the same were accepted and implemented by the State Government w.e.f. April 1, 1978. But so far as the recommendation in regard to increase in. the age of superannuation from 55 years to 58 years, the same was implemented only w.e.f. October 29, 1979 through G.O.M.S. No. 283 Finance and Planning.

2. It has also been alleged by the petitioners that the State Government issued G.O.(P) No. 88 Finance and Planning dated March 26, 1980 whereby the Revised Pension Rules, 1980 were promulgated. The above rules divided the Government servants for the purpose of pension into two parts, Part I applying to all Government servants who were in service on 29th October, 1979 and Part II applying to such of the Government servants who retired/died in between Ist April, 1978 and 28th October, 1979 (both dates inclusive). The contention of the petitioners is that by the above Rules two categories of pensioners were created with different rates of pension which is completely arbitrary and in violation of the law declared by this Honble Court in D. IS. Nakara v. Union of India (1983) 2 SCR 165. The petitioners have, therefore, prayed that Pension Rules Part II which has been made applicable to Government servants having retired between Ist April, 1978 and 28th October, 1979 be quashed and it may be directed that they would also be governed by Part I of the Rules which is applicable to those Government servants who were in service on 29th October, 1979.

3. The counter-affidavit has been filed on behalf of the State of Andhra Pradesh. in the counter- affidavit it has been stated that Pay Revision Commissioner was appointed to review the structure of different scales of Pay, dearness allowance and other compensatory allowance of all categories of employees of the State Government, Local Bodies and aided institutions as well as work charge establishments. An additional term of reference was added for reviewing the existing retirement benefit of all categories. After carefully considering all the relevant factors the Government implemented the recommendations relating to revision of scales of pay w.e.f. Ist April, 1978. As regards the age of superannuation, the Government of Andhra Pradesh increased the age of superannuation to 58 years w.e.f. October 29, 1979. This increase in the age of superannuation could not be implemented retrospectively as it would have led to a lot of difficulties., but to compensate those who retired after April 1, 1978 and before October 29, 1979 the Government gave them benefits as under:

(1) The pension formula was increased from 33/80 to 30/60 for all those who retired between 1-4-