JUDGMENT

Saurabh Banerjee, J. There is an age-old dispute brewing inter-se the already retired public servants (one set) with those similarly situated public servants who have retired after them (another set) to be treated at par. The present petition is involving one such dispute where we are to adjudge if the two sets are similar when it is relating to pension. Though pension is a reward for the past service rendered by the public servant, it is dependent upon the last drawn pay and the total term of service rendered and the determining factor for calculating pension is the date of retirement and the prevalent rules on such date. Having said so, it is trite law that though pension is not a fundamental right but a retired employee cannot be deprived of his right to pension save and except by authority of any law. Keeping the aforesaid in mind we proceed as hereinbelow.

2. As per the facts of the present petition before us, after joining as L.D.C. in SSB on 14.04.1964 petitioner was promoted as U.D.C. on 01.08.1968. Thereafter, upon merger of all the ministerial posts of the then SSB, ARC, SFF and CIOA into a common cadre with inter-changeable transfers, the Directorate General o