G. BIKSHAPATHY, J.

( 1 ) THE lis is voiced by the retirees interregnum. The petitioners are the State Government pensioners Association, Hyderabad and the individual pensioners. They approached the Tribunal assailing the orders issued by the Government in G. O. Ms. Nos. 157 and 158, Finance and Planning Department, dated 16-9-1999 having effect of denying the Pensionary benefits including the enhanced Gratuity, Pension, Commutation, encashment of Leave and other retiremental benefits as illegal, arbitrary an violative of articles 14, 16, 21 and 300-A of the constitution of India.

( 2 ) THE facts which are not in dispute are as follows: the Government has been constituting pay Revision Commissions from time to time for fixing appropriate Pay Scales to its employees and also the matters relating to Pension and Gratuity. One such commission was constituted by the government in the year 1997. The terms of reference will be referred to in the succeeding paragraphs.

( 3 ) THE Pay Revision Commission has submitted its report to the Government on 21-7-1999. It, inter alia, recommended the Revised Pay Scales notionally from 1-7-1998 with physical monetary benefits from 1-4-1999. Therefore, all the employees who were in service as on 1-7-1998 are brought under the fold of Revised Pay scales (hereinafter called RPS-1999 ). After the recommendations were submitted by the Commission to the Government, the said recommendations were discussed with the recognised Body of employees viz. , Joint Consultative Committee and after the deliberations and negotiations the government not only accepted the recommendations of the Pay Revision commission, but also enhanced certain benefits over and above the recommendations made by the Pay Revision Commission which will be referred to infra.

( 4 ) SOME of the salient features of the recommendations of the Pay Revision commission are (a) introduction of Master scale of Rs. 2,550-19,675. The disparity ratio being 1:7. 72, (b) The Dearness Allowance existing as on 1-7-1998 be merged with basic Pay. (c) The Commission also recommended fitment benefit of 20% which was increased to 25% by mutual negotiations, (d) The pensioners shall be permitted to commute 40% of the pension sanctioned, (e) the retirement Gratuity was enhanced from rs. 1,75,000/- to Rs. 2,50,000. 00. (f) minimum pension of Rs. 1,275. 00 per month. (g) The monthly financial assistance was enhanced from rs. 370/- to Rs. 750. 00 per month, (h) The recommendations shall be given effect from 1-7-1998 with financial benefit from 1-4-1999.

( 5 ) THE above recommendations are some of the recommendations, which we are concerned with, apart from other recommendations, which have been accepted by the Commission.

( 6 ) CONSEQUENT on the acceptance of the recommendations by the Government, the Government issued implementation instructions by giving statutory back up under proviso to 309 of the Constitution of India and accordingly issued G. O. (P ). No. ll4, dated 11-8-1999. However, with regard to pension and pensionary benefits, it was stated that separate G. Os. will be issued. Accordingly, three separate G. Os. were issued viz. , G. O. (P ). No. l56 and G. O. Ms. No. 157 and G. O. Ms. No. 158, dated 16-9-1999. It is the case of the pensioners that they were in service as on the date when the Revised Pay Scales came into force from 1-7-1998 and they were retired between the period from 1-7-1998 and 1-4-1999. The Government have implemented the Revised Pay Scales to the pensioners who retired during the period referred to above and fixed the pension on the basis of the Revised Pay in accordance with the Revised Pay Scales-1999 notionally from 1-7-1998 or from the date of actual retirement, as the case may be and released the actual monetary benefit from 1-4-1999. But, however, the grievance of the pensioners is that the enhanced Gratuity was not calculated on the basis of the Revised pay, the enhanced pension commutation of 40% was not permitted on the

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