(1) THE Union of India is in appeal against the order of the Maharashtra Administrative Tribunal. By the impugned order, the Tribunal had directed that the respondent should be paid the pension, and since the original respondent has retired in the meantime, the legal representatives should be paid the family pension. Admittedly, the applicant before the Tribunal was an officer in the Indian Police Service. Having joined in the service in the year 1948, he resigned from service with effect from 18-1-1968. From 1973 onwards, he has been making representation to the Union of India through the State Government that pension should be given to him in relaxation of the relevant provisions of the rules which clearly debars him from getting pension by exercising power under Rule 3 of the All-India Services (Conditions of Service-Residuary Matters) Rules, 1960 hereafter referred to as "the Residuary Matters Rules").

(2) THE State Government having considered the representation filed by the employee did recommend his case to the Union of India for necessary relaxation to the provisions contained in Rule 5 of the All-India Services (Death-Cum-Retirement Benefits) Rules, 1958 (he