AIR 1988 SUPREME COURT 501 ::1988 LAB. I. C. 973 ::1988 (1) UJ (SC) 428 ::1988 UJ(SC) 1 428 ::1988 (1) CurLR 178 ::(1988) 56 FacLR 377 ::1988 SCC (L&S) 651 ::1988 (2) SCC 580 ::(1988) 2 LabLJ 196 ::(1988) 3 ServLJ 1 ::1988 3 ServLJ 1 ::(1988) 2 Lab LN 175 ::1988 2 LabLN 175 ::1988 (19) Reports 320 ::(1988) 1 ServLR 353(2) ::1988 (1) ServLR 353 (2) ::(1988) 1 SCJ 258 ::(1988) 7 ATC 449 ::1988 7 ATC 449 ::1988 (1) SCWR 187 ::(1988) 1 JT 96 (SC) ::1988 (1) JT 96

Supreme Court Of India

Hon'ble Judge(s): E. S. Venkataramiah, B. C. Ray , JJ

(A) Constitution of India , Art.311, Art.309, Art.16, Art.141— All India Services (Death-cum-Retirement Benefits) Rules (1958) , R.28(6)— Govt. Notification No. 33/12/73-AIS (ii) D/- 24-1-75 - Liberalised pensionary benefits - Gratuity - Members of All India Service who have retired prior to 1-1-1973 are not entitled to gratuity at rates fixed in 1975 Notification - Rule in D.S. Nakara's case AIR 1983 SC 130, Not applicable. The members of the All India Services who had retired prior to 1-1-1973 are not entitled to payment of gratuity as a part of retirement benefits at the rates specified in the Notification No.33/12/73-AIS(ii) dated 24-1-1975. The decision in D. S. Nakara's case ( (1983) 2 SCR 165) is not applicable to the payment of gratuity. The Supreme Court has made a distinction between the pension payable on retirement and the gratuity payable on retirement. While pension is payable periodically as long as the pensioner is alive, gratuity is ordinarily paid only once on retirement. The decisions of the Supreme @page-SC502 Court in the Andhra Pradesh State Government Pensioners Association's case AIR 1986 SC 1907 and M.L. Abhyankar's case AIR 1984 SC 1247 as regards the applicability of the rule in D.S. Nakara's case to the liability of the Government to pay gratuity on retirement is a binding precedent. Moreover, the Gov....