# UNION OF INDIA v. P. M. JAYARAJAN

- **Citation:** [1976] 2 S.C.R. 861
- **Court:** Supreme Court of India
- **Decided:** 1975-12-03
- **Case number:** Civil Appeal No. 219 of 1974
- **Bench:** A. N. Ray, M. H. Beg, R. s. SARKARIA, P. N. Shjnghal
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/union-of-india-v-p-m-jayarajan-6562
- **Pages:** 3

## Headnote

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 exC
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.

## Text

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 exC
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 Constitution- 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 shillings6 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 pension 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 respondent. 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 establishments in India) the minimum rate of conversion shall be
1/9 per rupee".
The question of payment of pension to Members of the Indian
Civil Service in Sterling was examined by this Court in V. B. Raju &
Ors. v. State of Gujarat & Ors. (11) The Constitution (Twentyeighth
Amendment) Act, 1972 introduced Article 312-A. Article 312-A
confers power on Parliament to make law, inter alia, to vary or revoke
prospectively or retrospectively the conditions of service as respects
pension of persons who having been appointed by Secretary of State or
Secretary of State in Council to a Civil Service of the Crown in India
before the commencement of the Constitution retired or otherwise
ceased to be in service at any time before the commencement of the
Constitution (28th Amendment) Act, 1972. The Constitution (28th
Amendment) Act, 1972 came into existence on 27 August 1972.
Parliament on 21 September 1972 made the law called the Former
Secretary of State Service Officers (Conditions of Service) Act, 1972.
A former Secretary of State Officer means a person referred to in subclause (a) or sub-clause (b) of clause (1) of Article 312-A of the
Constitution. The respondent is a former Secretary of State Service
Officer within the meaning of sub-clause (a) of clause (1) of Article
312-A. Section 8(1) of the Conditions of Service Act, 1972 enacts
that no former Secretary of State Service Officer shall be entitled or be
deemed to have been eptitled, to claim (a) pension in s_terling; or (b)
(l) [1975J 1 S.C.R. 797.
'
\
I
UNION v. P. M. JAYARAJAN (Ray, C.J.)
863
that his pension shall he paid outside India; or ( c) where his pension
was expressed in sterling or a fixed sterling minimum was applicable in
respect of the pension payable to him, that his pension shall be commuted in the rupee equivalent of the amount :fixed in sterling at a rate
of exchange exceeding the rate of rupees thirteen and one-third to the
pou•ad steriing.
Section 12 of the Former Secretary of State Service Officers (Conditions of Service) Act, 1972 states that the provisions of this Act or of
any order made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any law other than this Act or in
any rule, regulation or order or otlier instrument having effect by· virtue
of any law other than the 1972 Act.
The Constitution Bench of this Court in V. B. Raju's case (supra)
held that the former Members of the Indian Civil Service as a result of
the Conditions of Service Act, 1972 are not-entitled to claim payment
of pension in sterling or outside India or by converting £ 1000 at the
rate of exchange exceeding the rate ol' exchange of Rupees thirteen and
one third to the pound sterling.
The judgment of the High Court cannot be sustained by reason of
change in law. The _appeal is accepted and the judgment of the High
Court is set aside. Parties will pay and bear their own costs.
S.R.
Appeal allowed:.
c