Law: Civil Servants Act, 1973

Section: 19

Law: Service Tribunals Act, 1973

Section: 4

Civil Servants Act (LXXI of 1973)---   ----S. 19--Civil Service Regulations, Reglns.4 486---Service Tribunals Act (LXX of 1973), S.4---Increase in Special Additional Pension and additional relief of grant of orderly allowance after retirement---Appeal to Service Tribunal---Appellants had prayed for increase in their special additional pension allowed to them at the time of retirement and to set aside orders of Ministry of Finance whereby orderly allowance was freezed after their retirement, which was contrary to the rule laid down by the Supreme Court---Appellant being retired employees had constantly been aggrieved that the State had failed to look after their needs in their old-age as compared with the serving employees---State counsel had contended that Government was within its lawful authorities not to allow the increase in the pension corresponding to that allowed to the serving government servants and further that it could not be said to be in violation of Art.25 of the Constitution when lesser increases were sanctioned for the pension as compared with the serving. employees---Validity---Superannuation pension and retirement pension serve three main purposes; firstly, it provided economic and social security to the government employee during old-age and protected him from financial want and social despair; secondly, it enabled the government employee to maintain himself at some level commensurate with the dignity of the post or office lastly held by him and thus indirectly preserved the honour of the State and thirdly, it would serve to attract and induce competent persons to join government service as opposed to private service, where security of tenure and retirement benefits were not attractive---Authorities, in circumstances, were directed to amend relevant para.2 of O.M.1(2)/Reg.(6)(9) of 29-9-1991 accordingly to read on retirement, a government officer in B-20, 21 22 would be allowed a special additional pension equal to orderly allowance as sanctioned from time to time; and apply it retrospectively with effect from date from which it was originally sanctioned to avoid violation of Art.25 of the Constitution.   I.A. Sherewani v.…

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