JUDGMENT 1. - The petitioner by filing this writ petition has prayed that respondents be directed through an appropriate writ, order or direction to enhance his special pay from Rs. 150/- to Rs. 300/- per month for the period he worked as Chief Public Analyst, that the letter of Additional Director (Gazetted) Medical and Health Services (respondent No. 5) dated 24.4.95 (Ex. 11) be set aside and the respondents be directed to add his special pay in his emoluments for the purposes of his revised pension and service gratuity along with interest @ 24% per annum till realisation. 2. Parties are at common ground that the petitioner was initially appointed on 5.3.1951 as Assistant Public Analyst in the Medical and Health Department, Rajasthan, Jaipur and was subsequently redesignated as Public Analyst with effect from 17.10.1957. The Director Medical and Health Services, Rajasthan, Jaipur (Respondent No. 4) by his order dated 27.2.1982 (Ex. 1) ordered that on the superannuation of Shri Ashok Bhattacharaya, the then Chief Public Analyst, on 27.2.1982, petitioner Y.C Harit, Public Analyst will also hold the charge of Chief Public Analyst in addition to his own duties. Thus, the petitioner was saddled with an additional charge of the post of Chief Public Analyst w.e.f. 1.3.1982. Thereafter, on the recommendation of the DPC, the petitioner was promoted as Chief Public Analyst, Jaipur vide Government's order dated 24.11.1982 (Ex. 2) w.e.f. the date he took over the charge of the said post. The petitioner contained as Chief Public Analyst up to 29.2.1984 till he superannuated vide Government's order dated 3.1.1984 (Ex. 3). The petitioner while working as Chief Public Analyst was required to perform the additional duty of testing the samples of the State Excise Department pertaining to illicit liquors, Bhang, Charas, Ganja etc. besides his normal duties as Chief Public Analyst, in the Medical & Health Department Government of Rajasthan. However, the petitioner was not paid any special pay for the said additional work of testing samples of the Excise Department, while such specific pay was earlier given to one of his predecessor- in-officer late Shri P.N. Bhargava, and also to late Shri R.N. Gupta, who was his successor-in-office. The petitioner therefore, filed S.B. Civil Writ Petition No. 3968/92 in this Court, which was allowed by a learned SB vide order dated 22.11.93 (Ex. The petitioner therefore, filed S.B. Civil Writ Petition No. 3968/92 in this Court, which was allowed by a learned SB vide order dated 22.11.93 (Ex. 4) directing the respondents to consider petitioner's case for grant of special pay, which shall not be less than Rs. 150/- per month for the period from 1.3.1982 to 29.2.1984 with interest @ 12% per annum. In compliance of the said order, after considering petitioner's case the Deputy Secretary, Medical & Health (Gr. II) Department, Government of Rajasthan, vide order dated 18.5.1994 (Ex. 5) granted a special pay @ Rs. 150/- per month to the petitioner for the additional work done by him pertaining to the Excise Department. 3. In this writ petition, the grievance of the petitioner is that even that the issuance of order dated 18.5.94 (Ex. 5), the respondents did not add his special pay in the emoluments for the purposes of computing pension and service gratuity in accordance with Rule 250(c)(1)(a) read with Rule 7(24) and (31) of the Rajasthan Service Rules (for brevity the RSR). He has averred that special pay was granted to him in consideration of a specific addition to the work or responsibility as Chief Public Analyst. Therefore, his case falls under Rule 250(c)(1)(a) of the RSR and as such the special pay has to be added/included as emoluments for the purpose of computing his pension and service gratuity and that the impugned letter dated 24.4.95 (Ex. 11) informing the Director, Pension Department (Respondent No. 3) to the effect that since the special pay was granted to the petitioner for doing the work of Excise Department along with the duties as Chief Public Analyst; the said special pay shall not be added/included in the emoluments under Rule 250(C)(1)(a) of the RSR for the purposes of pension and service gratuity is arbitrary, illegal and against the spirit of the Rules and in clear violation of the provisions of Article 14,16, 21 and 330-A of the Constitution of India. His another grievance is that while granting the special pay the State Government did not consider the material fact that the pay scale of Chief Public Analyst was revised three times w.e.f. 1.9.1968, 1.9.76 and 1.9.1981 increasing it almost the double. Thus, the special pay @ Rs. 150/- per month, which was given to the Chief Public Analyst up to February 1970 should have been increased atleast to Rs. Thus, the special pay @ Rs. 150/- per month, which was given to the Chief Public Analyst up to February 1970 should have been increased atleast to Rs. 300/- per month like the increased special pay granted to senior or junior Specialist in TB Hospitals, CAS posted as Medical Officer Incharge or Assistant Surgeon in Isolation/Leprosy/T.B. Hospitals or CAS posted in Radiology Department on Non-teaching post. The petitioner has, therefore, prayed that the respondent be directed to increase his special pay from 150/- to Rs. 300/- per month, that the letter dated 24.4.95 (Ex. 11) be set aside and that the respondents be directed to add his special pay in the emoluments for the purposes of revised pension and service gratuity and to pay the same along with interest @ 24% per annum. 4. Respondent Nos. 1, 4 and 5 as also respondent Nos. 2 & 3 (Special Secretary, Finance Department, Government of Rajasthan & the Director Pension Department) have filed almost similar but separate replies. A preliminary object has also been taken on their behalf that the petitioner has alternative remedy before the Rajasthan Civil Services Appellate Tribunal, which he has not availed, and as such, this writ petition is liable to be dismissed. On merits, they have averred that petitioner's claim for revision of special pay is misconceived and merely because in some cases special pay was increased. It does not give any right to the petitioner to claim enhancement of his special pay. Moreover, the special pay granted on increased rates to Senior or Junior Specialist in T.B. Hospitals, CAS posted as Medical Officer incharge or Assistant Surgeon in Isolation/Leprosy/T.B. Hospitals or CAS posted in Radiology Department on Non Teaching posts, has no relevance with the duties of the Chief Public Analyst and the additional work entrusted to him. Therefore, no such parity can be claimed. It has also been averred that the revision of pay scale also does not have any bearing for the grant of special pay for testing the samples sent by the Excise Department. It has been asserted that since the petitioner has not worked for any additional duties in addition to his own post and has simply discharged additional duties for other department viz. It has been asserted that since the petitioner has not worked for any additional duties in addition to his own post and has simply discharged additional duties for other department viz. the Excise Department, his case is covered under Rule 250 (c)(1)(a)(2) of the RSR and, therefore, his special pay is not countable in the emoluments for the purposes of pension and service gratuity. 5. The petitioner in his rejoinder and additional affidavit dated 28.1.97 has submitted that since special pay was grated in compliance of this Court's order dated 22.11.93, it is wrong to say that he has got an alternative remedy by filing an appeal before the Rajasthan Civil Services Appellate Tribunal. Besides this, he had also filed an appeal for the enhancement of his special pay before the Rajasthan Civil Services Appellate Tribunal, which was dismissed Side order dated 3.12.86 (Ex. 12). Therefore, this writ petition is legally maintainable. He has also pleaded that there was no post of Public Analyst/Chief Public Analyst in the Excise Department and that the Chief Public Analyst of the Medical and Health Department, Government of Rajasthan, Jaipur, from the very beginning, had been testing the samples sent by the Excise Department and thus, this additional work done by him shall be deemed to be a specific addition to the work or responsibility of the Chief Public Analyst under Rule 7 (31) (b) of the RSR and therefore, the Special pay granted to him is not covered under Rule 250(c)(2) but is squarely covered under Clause 1(a) of Rule 250 of RSR and this special pay has to be taken into consideration and included as pay for the purposes of computing pension and service gratuity. The petitioner has also filed a copy of order dated 14.9.84 (Ex. 13) issued by the Excise Commissioner, Rajasthan, Udaipur. 6. The learned counsel for the respondents were directed to file counter affidavit and to apprise this Court as to whether any departmental laboratory ever existed prior to issuance of Excise Commissioner Rajasthan letter dated 14.9.84 (Ex. 13). But no counter affidavit has been filed on behalf of the respondents. On the other hand, Sarva Shri Virendra Dangi and S.S. Rathore, the learned counsel for the respondents have specifically admitted that no such departmental laboratory was ever in existence for Excise Department and that even after issuance of order (Ex. 13). But no counter affidavit has been filed on behalf of the respondents. On the other hand, Sarva Shri Virendra Dangi and S.S. Rathore, the learned counsel for the respondents have specifically admitted that no such departmental laboratory was ever in existence for Excise Department and that even after issuance of order (Ex. 13), no such laboratory has yet been established for testing the samples of the Excise Department for revenue districts of Jaipur, Bharatpur, Dholpur, Jhunjhunu and Sikar and that such samples are still being sent to the Chief Public Analyst, Rajasthan, Jaipur. 7. I have heard the learned counsel for the parties at length and carefully perused the relevant record in extenso. 8. The preliminary objection regarding alternative remedy to the petitioner does not survive in view of order of the Rajasthan Service Appellate Tribunal dated 3.12.186 (Ex. 12) and the same is hereby repelled.In Re. Enhancement of the Special Pay 9. The fact that the pay scale of the post of Chief Public Analyst was revised in 1968, 1976 and 1981 does not give any right to the petitioner to claim enhancement of the special pay proportionately. Moreover, the special pay granted on enhanced rate to Senior or Junior Specialist in TB Hospitals or CAS posted as Medical Officer Incharge or Assistant Surgeon in Isolation/Leprosy/TB Hospitals and CAS post in Radiology Department on non-teaching posts, has no relevance because they are required to discharge entirely different duties and functions than those performed by the Chief Public Analyst, Rajasthan. The quantum of special pay, depends on various factors including the work, duties and responsibilities required for a job/particular post. It is basically an executive function and the Court cannot direct the respondents to enhance the quantum of special pay granted to the petitioner. Therefore, I do not find any force in the contention of Shri Harit on this count, and as such, no relief can be granted to the petitioner in this regard.In Re. Enhancement of Pension & Gratuity 10. In the reply filed on behalf of the Special Secretary, Finance Department, Government of Rajasthan and Director Pension Department (Respondent Nos. 2 & 3) vide para No. 10, it has been specifically pleaded," these special pays are not allowed for additional work for other departments, hence, there is no relevancy regarding contents of other officers. In the reply filed on behalf of the Special Secretary, Finance Department, Government of Rajasthan and Director Pension Department (Respondent Nos. 2 & 3) vide para No. 10, it has been specifically pleaded," these special pays are not allowed for additional work for other departments, hence, there is no relevancy regarding contents of other officers. These special pays are related to their own posts and not for additional work for other departments". Thus, it is clear that the special pay has been granted to the petitioner in consideration of a specific addition to work or responsibilities as Chief Public Analyst Rajasthan. However, vide para 16, it has been averred," It is clear that the petitioner is not working/has not worked for any additional duties in addition to his own post and that he discharge the additional duties for other Department, and thus, the case of the petitioner is covered under Rule 250(1)(a)(2) of the RSR and hence this special pay is not countable in the emoluments for the pension and gratuity. Thus these pleadings are clearly inconsistent and in contradistinction to each other. 11. As per Rule 7(24) of RSR, `pay' includes the special pay and personal pay. Rule 7(31) proclaims that Special pay means an addition, of the nature of pay, to the emoluments of a post of a Government Servant, granted in consideration of, (a) the specially arduous nature of the duties or (b) a specific addition to the work or responsibility. Rule 250 defines "emoluments", which includes substantive pay in respect of a permanent post other than a tenure post held in a substantive capacity and the special pay drawn by a Government servant in consideration of the specially arduous nature of duties or of increased work and responsibility or for discharge of duties, which do not properly belong to his office for which there is no sanctioned post. As per letter 14.9.84 (Ex. 13) of the Commissioner, Excise Rajasthan Udaipur, two Excise Laboratories were established; one at Udaipur and another at Jodhpur but no such departmental laboratory was ever in existence and has still not been established in Jaipur and that the samples of illicit liquor, Bang, Ganja, etc. pertaining to cases arising out of Revenue Districts Jaipur Bharatpur, Alwar, Dholpur, Jhunjhunu and Sikar in Excise Cases are still being sent to the Chief Public Analyst, Rajasthan Jaipur. Prior to issuance of letter (Ex. pertaining to cases arising out of Revenue Districts Jaipur Bharatpur, Alwar, Dholpur, Jhunjhunu and Sikar in Excise Cases are still being sent to the Chief Public Analyst, Rajasthan Jaipur. Prior to issuance of letter (Ex. 13) such sample for whole of Rajasthan were tested by the Chief Public Analyst, Rajasthan. Thus, from the very beginning, the function and duties of the Chief Public Analyst, Rajasthan, was also to test and examine such samples sent by the Excise Department. The petitioner vide order dated 27.2.82 (Ex. 1) was ordered to hold the charge of Chief Public Analyst in addition to his own duties. On the recommendation of the DPC, the Governor was pleased to promote the petitioner as Chief Public Analyst, Jaipur vide order dated 24.11.92 (Ex. 2) from the date he took over the charge of the said post. Thus, the petitioner worked as Chief Public Analyst w.e.f. 1.3.82 to 29.2.84, i.e. till he superannuated. The State Government in compliance of this Court's order dated 22.11.93 (Ex. 4) considered the case of the petitioner and granted him a special pay of Rs. 150/- per month for the work done by him as Chief Public Analyst for testing the samples of the Excise Department in addition to the work of his own department. Thus, this special pay in letter and spirit was granted to him under Rule 7 (31) (b) as a specific addition to his work or responsibility as Chief Public Analyst. This special pay, therefore, falls within the meaning of Rule 250(1)(a), RSR as `emoluments'. It is abundantly apparent that this special pay was not for the purpose of additional duties of a post in addition to his duties of own post under Rule 250(c)(2) of the RSR, because from the beginning.it'was also the duty and function of the Chief Public Analyst, Jaipur to test the samples sent by the Excise Department and it was clearly a specific addition to the work or responsibility of the Chief Public Analyst. 12. 12. Rule 250(C)(1)(a) RSR lays down that "Notwithstanding provisions contained in Rule 250, 250-A, 50-B in case of Government servants retiring from service on or after 1.4.1970, the term "emoluments" used for purposes of pension, service gratuity and death-cum- retirement gratuity shall mean the "pay" as defined in Rule 7(24) and dearness pay appropriate to pay, if any, which the officer was receiving immediately before his retirement, provided that, the Special Pay, if any, granted for performance of additio ,al duties of a post in addition to duties of his own post shall not be taken into account for the purpose of this rule. 13. In such circumstances, the special pay granted to the petitioner in consideration of a specific addition to the work or responsibility of the Chief Public Analyst to test the samples sent by the Excise Department has to be included/added under Rule 250(1)(c)(a) RSR for the purposes of pension, services gratuity etc. Therefore, the impugned letter dated 24.4.95 (Ex. 11) issued by the respondents No. 5 is clearly irrational, arbitrary, injudicious and against the letter and spirit of Rule 250(c)(1)(a) read with Rule 7(24) and Rule 7(31) of the RSR. It also offends the fundamental rights of the petitioner enshrined under Article 14, 16 & 21 of the Constitution of India, and as such, the same cannot be sustained. 14. The net result of the above discussion is that I partly allow this writ petition and quash the letter and 24.4.95 (Ex. 11) of the Additional Director (Gazetted) Medical & Health Services, Rajasthan, Jaipur (respondent No. 5) addressed to the i Director, Pension Department, Rajasthan, Jaipur (respondent No. 3) and direct the respondents to add/include the special pay of Rs. 150/- per month granted to the, petitioner vide order dated 18.5.94 (Ex. 5) as emoluments for the purposes of pension and service gratuity for the period from 1.3.82 to 29.2.84 and to issue revised pension payment order and the service gratuity order within two months from the date of the receipt of this order. The petitioner shall also be entitled to get interest from the respondents @ 12% per annum on the enhanced arrears of amount and the service gratuity w.e.f. 18.5.94 till realisation and the costs of these proceedings, which is quantified as Rs. 1500/- (Fifteen hundred) only.Writ Petition partly allowed as per above directions. *******