Judgment T.P.S.Mann, J. 1. The petitioner has sought calculation of her retiral benefits for the purposes of gratuity and issuance of revised Pension Payment Order (for short `P.P.O.). 2. The case of the petitioner is that she served as Lieutenant Military Nursing Service (Local), in short M.N.S., under the Ministry of Defence as a Commissioned Officer in the Army. After rendering service for about 33 years, she retired on 30.9.2003 on attaining the age of superannuation. On 24.12.2003, P.P.O. was issued by the respondents, as per which the net gratuity amount payable to her was Rs. 2,26,115/- and life pension of Rs. 4,474/- per month. Later on, revised P.P.O. dated 9.9.2004 was issued by the respondent, according to which, the net gratuity amount payable to her was Rs. 2,38,739/-. It was submitted that Army Instructions 3/58 had been superseded by Army Instructions 14/77 and as a result thereof, para 11(A) was inserted providing for the grant of pensionary benefits to the officers of M.N.S. on retirement from service on attaining the age of superannuation after rendering temporary service of not less than 20 years to be the one as admissible to temporary civilian government servants. Therefore, she was entitled to the gratuity at the rate of one months basic pay for each completed year of service. The respondents never offered any option for change of this to the petitioner and she herself did not opt for any change during her service period. Even otherwise, the respondents were not competent to change this condition of service of the petitioner under any circumstance, notwithstanding any other additional benefits by way of pension, etc. The petitioner had submitted the required forms for the grant of pension, terminal gratuity and computation of pension to the concerned authorities to which benefits she was entitled on her superannuation at the age of 55 years, as she had put in 32 years 11 months and 25 days of service and thus, entitled to be paid the terminal gratuity for the total 33 years of service. However, the respondents fixed her pension by taking into consideration Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as `the C.C.S. (Pension) Rules, which provided that the employee should have a qualifying service of 33 years and person, having put in less than 33 years of service, was to be paid pension proportionately without realising that the age of superannuation in the case of M.N.S. was 55 years and therefore pension was required to be fixed by taking qualifying service for pension as 30 years. 3. Reply was filed by the respondents, wherein it was stated that the maximum benefits have already been sanctioned to the petitioner. Her pension has not been reduced as she had been provided with maximum pension benefits for her service. As per C.C.S. (Pension) Rules, 1972, the maximum benefits could be given to those who had put in 33 years of qualifying service (ceiling limit). Therefore no such further benefit, as claimed by the petitioner, can be given to her. 4. It has not been disputed by the respondents that Army Instructions 14/77 was applicable to the case of the petitioner. It has also not been disputed that the petitioner retired from service on attaining the age of superannuation after she had put in 32 years 11 months and 25 days of service. 5. The case of the petitioner is that para 11 of the Army Instructions 14/77 would apply to her case for payment of gratuity. However, the respondents have pleaded that it would be para 11-A inserted vide Army Instructions 46/83 that would be applicable as the petitioner retired on attaining the age of superannuation. Further, Para 11 of Army Instructions 14/77 would be applicable in cases of termination of service before completion of 20 years of service, whereas Para 11-A dealt with the situation where the person retired on attaining the age of superannuation and therefore, entitled to all pensionary benefits as applicable to the civilians. 6. Before determining as to whether the case of the petitioner would be dealt with under Para 11 or Para 11-A, it would be appropriate to have a look at the contents of the same :- "Terminal Gratuity 11. 6. Before determining as to whether the case of the petitioner would be dealt with under Para 11 or Para 11-A, it would be appropriate to have a look at the contents of the same :- "Terminal Gratuity 11. On final termination of service, members of M.N.S. (Local) will be eligible, subject to their service being satisfactory, to a gratuity of one months basic pay for each completed year of service at the scale drawn at the time of termination of service. Any member who for any reason does not complete the period of one year, for which she is initially engaged will not be entitled to any gratuity. 11-A. The officers of M.N.S. (Local) on retirement from service on attaining the age of superannuation after rendering temporary service of not less than 20 years will be eligible to pensionary benefits as admissible to temporary civilian government servants, in accordance with the orders issued on the civil side from time to time. The amount of pension will be worked out in the same manner, as for the civilian." Army instructions 14/77 originally contained para 5, which reads as follows :- "Tenure of Service 5. A candidate selected for appointment will be required to sign an agreement as at Annexure `B to service for one year in the first instance from the date of being posted thereto. The first six months of service will be an probation. If after the expiry of the initial contract, the service are still required, the control (contract ?) of service will be deemed to have been renewed automatically for as long as her services are required. During such renewal of the contract she could, if the exigencies of service permit, be allowed to relinquish her commission after giving three months notice to the Government." This para was deleted in the year 1983 and substituted with the following :- "The officers of M.N.S. (Local) will continue to serve the M.E.S. till they attain the age of superannuation i.e. 55 years. They would, however, be permitted to resign their commission, if the exigencies of service permit, at the discretion of the Government of India." Thus, the initial appointment was treated to be a tenure post being renewed automatically. By substituting para 5 of Army instructions 14/77, the service was made to continue till the officer attains the age of superannuation, i.e. 55 years. By substituting para 5 of Army instructions 14/77, the service was made to continue till the officer attains the age of superannuation, i.e. 55 years. The officer was to continue serving upto the age of superannuation of 55 years and the service will stand terminated at the age of 55 years of the officers. Para 11 has not been deleted while introducing para 11-A. Para 11 deals with terminal gratuity, whereas para 11-A deals with retirement benefits or pensionary benefits. Para 11-A will come into play only if the officer renders service of not less than 20 years. Para 11 operates irrespective of length of service. They are not substitute to each other. For the purpose of gratuity, it is para 11 which governs while for the purpose of pension, it is para 11-A, according to which the pension of an officer has to be determined as admissible to a temporary civilian Government servant in accordance with the orders issued on the civil side from time to time. Thus, para 11 and para 11-A operate in different spheres. There is no force in the argument of the learned counsel for the respondents that pensionary benefits include gratuity only and therefore, operation of para 11 is excluded. Pension, gratuity and provident fund are different and distinct types of retirement benefits although the basis for calculating all of them is furnished by the salary or emoluments drawn by a Government servant. Para 11-A itself provides an indication that it does not govern the case of gratuity. It says that the amount of pension will be worked out in the same manner as for the civilans. It does not speak of gratuity. 7. A reading of para 5 as amended clearly shows that there is no question of the contract being changed or superseded by any rules to make the officers of M.N.S. (Local) as regular employees of Army. Para 5 only allows the officer to continue to serve Military Nursing Service till attaining the age of 55 years. Therefore, the terminal gratuity, as provided under para 11 cannot be taken away. Para 5 only allows the officer to continue to serve Military Nursing Service till attaining the age of 55 years. Therefore, the terminal gratuity, as provided under para 11 cannot be taken away. The terminal gratuity provided in para 11 is in addition to the claim of pension as provided in para 11-A. The learned counsel for the respondents contended that C.C.S. (Pension) Rules provided for D.C.R.G. and therefore, para 11-A is evidence for pensionary benefits as admissible to the temporary civilian Government servants and therefore, Para 11 become inoperative. If that was the intention, there was no necessity to retain Para 11 after 1.10.1983. But Rules of C.C.S. (Pension) Rules, are not made applicable to the officers of Military Nursing Service. It is applicable to only those officers, who rendered a temporary service of not less than 20 years so as to make them eligible for pension, as admissible to temporary civil Government servants. It is provisional for the civilians. It does not deal with gratuity. Rule 50 reads thus :- "50. Death-cum-Retirement Gratuity : (i) A Government servant, who has completed 5 years qualifying service and has become eligible for gratuity or pension under Rule 49 shall, on his retirement, be granted Death-cum-Retirement Gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service subject to a minimum 16-1/2 times the emoluments." Thus, under Rule 50, a Government servant, who completed 5 years qualifying service is entitled to gratuity but under para 11-A not less than 20 years of service is required for being entitled to pensionary benefits. Therefore, in our opinion Rule 50 of the C.C.S. (Pension) Rules which provides for Death-cum-Retirement Gratuity, is not applicable to the case of an officer of M.N.S. (Local) and it is only Para 11 which is applicable to the case of the officers for determining the gratuity payable. In view of the above, the respondents are hereby directed to calculate the gratuity of the petitioner according to the provision of Para 11 of Army Instructions 14/77 and pay her the balance of the amount of gratuity. 8. The claim of the petitioner for enhancement of pension is on the basis that the total qualifying service is only 30 years. 8. The claim of the petitioner for enhancement of pension is on the basis that the total qualifying service is only 30 years. According to the learned counsel for the petitioner, when the age of superannuation is 55 years, then the qualifying service should be 30 years and not 33 years. For those employees who retire at the age of 58 years, the qualifying service for calculating pension is 33 years. But the services of the petitioner were terminated on her attaining the age of 55 years as provided in para 5 of the Army Instructions as amended in the year 1983. The learned counsel in support of this argument referred to a decision of the Honble Supreme Court in Raghu Nandan Lal Chaudhary and others v. Union of India, AIR 1988 SC 2125. It was contended that the ceiling on the qualifying service in the case of service record opters should be 30 years instead of 33 years, particularly in respect of person who retired at the age of 55 years. Dealing with this question, the Honble Supreme Court observed as follows :- "The only other question which requires determination is whether the appropriate period of service should be 30 years or 33 years. At the relevant time when each of the petitioners superannuated, the retiring age was 55 years. We are of the view that the period of qualifying service as indicated therein should, therefore, be 30 years." Therefore, the pension of the petitioner is to be calculated by taking the qualifying service as 30 years and not 33 years. We, accordingly, allow the writ petition and direct the respondents to pay the remaining balance of gratuity amount as per the provisions of para 11 of Army Instructions 14/77 and calculate the pension on the basis of 30 years qualifying service instead of 33 years. Petition allowed.