JUDGMENT

HANSARIA, J.—This conglomeration of appeals (some of which arise because of leave already granted and some came into existence because of leave being granted) require us to decide three questions:

(1) Whether the decision of the Union of India not to allow Dearness Relief (DR) on pension to the ex-servicemen on their re-employment in a civil post is in accordance with law or not;

(2) Whether denial of DR on family pension on employment of dependants like widows of the ex-servicemen is justified or not; and

(3) Reduction of pay equivalent to enhanced pension of those ex-servicemen who were holding civil posts on 1-1-1986, following their re-employment, is permissible or not.

We would examine these questions seriatim. Disallowing of DR on pension on re-employment

2. To answer the above question involved in some of the appeals, the background leading to the aforesaid decision may be briefly noted. To start with there was no provision for payment of DR to the pensioners. Various representations were made to the Third Pay Commission seeking some recommendations in this regard for protecting the pension of the government employees from erosion on account of possible increases in the