IMPORTANT POINT
When the rules require only one condition of qualifying period for grant of pension, the persons satisfying that condition cannot be deprived of pension.

JUDGMENT

Dipak Misra, J.

The respondents were working on different posts of Lecturers, Librarians and PTIs, who retired prior to 1.1.2006.

It is not in dispute that all of them were appointed in different years from 1950 to 1976 and all of them retired between 1991 to 2004. It is also not in dispute that all of them had been granted Lecturers (Selection Scale) on or before 1.1.1986. Thus, all of them had completed three years of service in the said pay-scale prior to 1.1.2006. After the pay revision took place, on the basis of the recommendation of the 4th Pay Commission, the respondents/ similarly situated employees got the benefit of revision of the pay scale with effect from 1.1.1986 vide notification dated 3.6.1988. As per the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules, 1988, (for short, “the 1988 Rules”), the schedule indicates the existing pay scale and the revised UGC pay scale. A chart in that regard would indicate as follows:      

In the present case, we are only concerned with serial no. 3 to 5.

2. From the aforesaid schedule, it is quite clear that in the year 1986, the post of Lecturer (Selection Scale) was introduced for the purpose of revision of pay scale and the respondents since then had been drawing the pay scale of the post of Lecturer (Selection Scale).

3. As the factual matrix would unfurl, the Government of Rajasthan vide Rajasthan Civil Services (Revised Pay Scale for Government College Teachers including Librarians, PTIs) Rules, 1999, (for short, “the 1999 Rules”) revised the pay scales of Government College Teachers/Librarians w.e.f. 1.1.1996. The Schedule appended to the said Rule mentioned the post of Lecturer (Ordinary Scale), Lecturer (Senior Scale) and Lecturer (Selection Scale) showing the existing revised pay scale as against the said post, as a result of which the respondents who retired prior to the year 1996 or for that matter in the year 1999 were granted revised pension on the basis of the revised pay scale w.e.f. 1.1.1996 meant for the grade of Lecturer (Selection Scale).

4. In the year 2008, the Government of Rajasthan issued a circular/memorandum dated 12.09.2008, which envisaged that the pension/family pension of all the pre 1.9.2006 State pensioners/family pensioners be revised w.e.f. 1.9.2006 as per the provisions made therein. Paragraph 3 of the said Circular/Memorandum provides the dictionary clause, which reads as under:

“(a) ‘Existing Pensioner’ or ‘Existing Family Pensioner’ means a pensioner who was drawing/entitled to pension/family pension as on 31.08.2006.

(b) ‘Existing Pension’ means the basic pension/consolidated pension inclusive of commuted portion, if any, due on 31.08.2006.

(c) ‘Existing Family Pension’ means the basic family pension/consolidated family pension drawn on 31.08.2006.

(d) ‘Existing Dearness Relief’ means the dearness relief @ 24% on original pension of family pension plus dearness pension.

(e) ‘Bank’ means the branch of the Bank from which the pensioner is getting his pension Consolidation/Revision of Pension.”

5. Paragraph 4 provides that the pension/family pension of existing pre-1.9.2006 pensioners/family pensioners will be

consolidated w.e.f. 1.9.2006 by adding together the following:-

“(i) The existing pension/family pension

(ii) Dearness Pension @ 50% of original pension/family pension/