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Service Tribunals Act (LXX of 1973)-- ---S. 4--Claim for the merger of personal pay of specified amount per mensem for purpose of pension--Appellants' such claim refused by Finance Division-­Legality--Record showed that respondent department had in a number of individual cases, accorded sanction for reckoning the additional relief of specified amount per month for purposes of pension--No explanation having come forth from the respondent department to justify the exception made in any of the cases, decision of department refusing such relief to petitioners was in contravention of policy laid down on the subject--Such action of respondent being of discriminatory nature would render it void and unlawful--Service Tribunal directed the respondent that the. additional relief of specified amount per month which appellants were drawing at the time of their superannuation should be allowed to be reckoned as part of their emoluments for pension with back benefits. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--Syed Abid Ali Kausar and three (3) others, the appellants, ex-Head Clerks, Inspectorate of Technical Development (I.T.D.) have preferred this joint appeal against the impugned order, dated 5-5-1987 whereby merger of personal pay of Rs.25 per mensum for the purpose of pension had been finally refused by Finance Division, (Regulations Wing). 2. Briefly, the facts of the case are that the appellants, initially joined service as civilian Lower Division Clerks in the Indian Army in the post 31 scale i.e. Rs.45-5-80. However, on the combatination of the cadre, the appellants were absorbed in the civilian Organization of I.T.D. under G.H.Q. from where they retired as Head Clerks on attaining the age of superannuation. 3. It was contended by the appellants in person that during the course of their service all the appellants elected for the following pay scales introduced at various intervals as well:-- (i) Unified scales of pay w.e.f. 1st September, 1944. (ii) Prescribed scale of pay w.e.f. 1st January, 1949. (iii) Revised prescribed scale of pay w.e.f. 1st December, 1962. It was submitted that as part of the revised prescribed pay scale in 1962 the appellants were granted Rs.25…

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