Judgment

N. P. SINGH, J.:- The respondents, who are retired Government servants, filed a writ application before the High Court, questioning the validity of Office Memorandum No. F-19(4) -E.V./79 dated 25th May, 1979, issued by the Government of India, treating a portion of the dearness allowance, as pay for the purpose of retirement benefits in respect of Government servants who retired on or after the 30th September, 1977. According to respondents, who retired from service before 30th September, 1977, the said benefits should have been extended to all retired Government servants, irrespective of their date of superannuation.

2. A learned Judge of the High Court allowed the said writ application on basis of the judgment of this Court in the case of D. S. Nakara v. Union of India, AIR 1983 SC 130, saying that the said Office Memorandum was discriminatory in nature. The Division Bench dismissed the appeal filed on behalf of the Union of India.

3. It may be mentioned that Government of India issued on 25th May, 1979 two Office Memorandum Nos. F-19(3)-E.V./79 and F-19(4) -E.V./79. In the Office Memorandum No. F-19(3)-E.V./79, the computation of pension was liberalised, but it was made a