UNION OF INDIA versus P. M. JAYARAJAN

Citation: [1976] 2 S.C.R. 861 · Decided: 03-12-1975 · Supreme Court of India · Bench: A.N. RAY, M. HAMEEDULLAH BEG, R.S. SARKARIA, P.N. SHINGAL · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

UNION OF INDIA 
v. 
P. M. JAYARAJAN 
December 3, 1975 
861 
[A. N. RAY, C.J., M. H. BEG, R. s. SARKARIA AND P. N. SHJNGHAL, JJ.] 
Constitution of India (28th amendment) Act 1972-Art. 
312-A-Fonner 
Secretcrry of State Service Officers (Cdnditions of Service) Act 1972-Ss. (8) 
and 12 read with second proviso to Art. 934 of the Civil Servfr:e Regu.'at_ion;~ 
Rate of conversion of pension payable is 1 sh. 6d. to a rupee. 
, 
The claim of his pension at the rate of lsh-9d. to a rupee by the respond~ 
ent, a former Secretary of State Service Officer was allowed by the Accountant 
A 
B 
General, but the Union appellant reversed it and directed recovery of the ex-
C 
cess payment. 
The respondent basing ·his claim under the second proviso to 
Art. 934 of the Civil Service Regulations moved the High Co-urt under Art. 226 
of the Constitution whieh was accepted. The Letters Patent Appeal filed by the 
Union was dismissed. The appeal by special leave, in view of the Constitution 
(28th amendment) Act 1972 introducing Art. 312A and the Former Secretary 
of State ·service Officers (Conditions of Service) Act 1972, was accepted and 
the court. 
HELD : (i) Under S. 12 of the Former Secretary of State Service Officers 
D 
(Conditions of services) Act 19·72, enacted by Parliament by virtue of Art. 312A 
of the Constitution. the provisions of the Act or of any order made thereunder 
" 
shall have effect notwithstanding anything inconsistent therewith contained in 
any law other than the Act or in any rule, regulation or order or other instru· 
ment, having effect by virtue of any law other than the 1972 Act. 
(863-B] 
i, 
\ 
(ii) The former members of the Indian Civil Service as a result of Ss. 8 
f.: 12 of the Conditions of Service Act, 1972 are not entitled to claim payment 
E 
of pension in sterling or outside India, or by converting .£, 1000/- at the rate 
of exchange exceeding the rate of exchange of rupees thirteen one third to the 
pound sterling. 
[863-C] 
(iii) The Judgment of the High Court holding that the second proviso to 
Art. 934 of the Civil Service Regulations applied to the instant case, cannot 
be sustained by reason of change in law. 
[863-D] 
V. B. Raju v. State of Gujarat & Ors. [1975] I S.C.R. 797, followed. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 219 of 1974. 
Appeal by Special ,Leave from the Judgment and Order dated 
th1J 
3~3-1972 of the Madras High Court in Writ Appeal No. 416 of 1970. 
R. M. Mehta and S. P. Nayar for the Appellant. 
A. V. Rangam and Miss A Subhashini. for Respondent. 
The Judgment of the Court was delivered by 
RAY, C.J. This appeal is by special leave from the judgment dated 
3 March 1972 of the High Court of Madras. 
the respondent in an application under Article 226 pf the Consti-
tution- asked for a writ of mandamus directing the appellant Union to 
pay the respondent pension at the rate of ls-9d per rupee in accordance 
with Regulations 934-rA and 934-D of the Civil Service Regulations. 
F 
G 
H 
862 
SUPREME COURT REPORTS 
[1976] 2 S.C.R. 
A 
The respondent is a Ceylonese national. He joined the Indian 
Civil Service on 6th October 1933. After 15 August 1947 he continued 
to serve in our country until his retirement on 31 December 1949. 
B 
c 
D 
E 
F 
G 
H 
At his retirement he was sanctioned an annuity of £ 743-2 shillings-
6 pence per annum. He commuted a part of his pension leaving a· 
balance of Rs. 500 per month. 
, 
Between March, 1968 and October 1969 he resided in Uganda in 
East Africa. When the respondent was in Uganda he claimed pen-
sion at the rate of ls-9d to a rupee. His request was accepted by the 
Accountant General, Madras. 
The Union Government reversed the 
decision and directed that the conversion rate should be ls-6d to a 
rupee and the excess payment should be recovered from the respon-
dent. The respondent thereafter made an application under Article 226 
of the Constitution. 
The High Court accepted the petition of t)le respondent on the 
ground that the respondent shifted his residence from Ceylon to Uganda 
and was, therefore, entitled to benefit under the second proviso to 
Article 934 of the Civil Service Regulations. The second proviso to 
Artide 934 was as follows :-
"Provided that save where a pensioner resides in India 
(which for the purpose of this Article and Articles 934-A, 
934-B, 934-C, 934-D and 935 shall be deemed to include 
Burma, Ceylon, Nepal, and the French and Portuguese estab-
lishments in India) the minimum rate of conversion
Excerpt shown. Read the full judgment & AI analysis in Lexace.