JUDGMENT : This writ petition has been filed by petitioner Rajasthan Agriculture University Retired Teachers Society, Jaipur through Secretary Sh. Govind Singh S/o Sh. Arjun Lal, inter alia, with prayer that the respondents, namely, State of Rajasthan through Secretary, Department of Agriculture (Gr-III) and Swami Kesavanand Rajasthan Agriculture University, Bikaner (for short, 'the respondent-University), be directed to give pension revision benefit with effect from 01.04.2008 in accordance with para 5 of the order/notification No.F.12(3)FD/Rules/2008 dated 12.09.2008, to Professor/Associate Professor, Assistant Professor (Selection Grade), who were promoted through Career Advancement Scheme/Ex-cadre Scheme and retired from services of the said University prior to 01.01.2006. Further prayer is made that the pay scale of a teacher existing on the day of retirement be equated with the corresponding new pay scale (Pay Band + Grade Pay) as per recommendations of the 6th Pay Commission Report and pension be thus computed according to aforesaid order dated 12.09.2008. Shri R.N. Mathur, learned Senior Advocate appearing for petitioner - Rajasthan Agriculture University Retired Teachers Society, Jaipur, (for short, 'the petitioner-Society'), argued that the Finance Department, in view of the notification issued on 12.09.2008 was provided benefit of revision of pension of pre-01.09.2006 State pensioners/Family Pensioners etc. However, the members of the petitioner- Society, who retired prior to 01.09.2006 after getting promotion against the ex-cadre posts in career advancement scheme, demanded such benefit their matter was forwarded by the respondent-University to the Government. The Government in its Agriculture (Gr.III) Department, vide letter dated 08.08.2011 (Annexure-1), conveyed to the Registrar/Comptroller of the respondent University that such benefit was admissible only to those Associate Professors and Professors, who have been recruited on the posts of Associate Professors and Professors by direct recruitment and would not be allowed to those Assistant Professors who have been designated as Professors/Associate Professors under career advancement scheme. Shri R.N. Mathur, learned Senior Advocate, submitted that the notification of the Finance Department dated 12.09.2008 (Annexure-2) has been adopted by various Universities of the State as well as the College Education Department of the Government of Rajasthan, who have allowed similar benefits to all Associate Professors/Professors promoted under the career advancement scheme on excadre posts even if they retired prior to 01.09.2006. It is only respondent University, which has adopted a different approach. It is only respondent University, which has adopted a different approach. It is submitted that para 4 and 5 of the notification dated 12.09.2008 is quite clear and categorical in this behalf, which provides that consolidated pension (treated as final 'basic pension') as on 01.09.2006 of pre-01.09.2006 pensioner shall not be lower than 50% of sum of the minimum pay of the post in the running pay band plus grade pay introduced w.e.f. 01.09.2006 corresponding to pre-revised pay scale of the post from which pensioner had retired, subject to the condition that existing provisions in the rules governing qualifying service for grant of pension and minimum pension shall continue to be operative. This provision is not compromised if members of the petitioner-Society are granted benefit of pension as per the aforesaid scheme. Shri R.N. Mathur, learned Senior Advocate, has referred to judgment of this Court dated 30.05.2012 in D.B. Civil Contempt petition No.249/2011 in D.B. Civil Writ Petition (PIL) No.1914/2010 – Rajasthan Agricultural University Retired Teachers Society Vs. Shri Salauddin Ahmed and Others. It is argued that respondents in that order were directed to make payment of arrears including all benefits payable to members of the petitioner-Society, consequent upon implementation of recommendations of the 6th Pay Commission, with interest at the rate of 6% per annum, within a period of three months. Since this question was not gone into in that matter, therefore, the necessity of filing the present writ petition arose. It is argued that similar benefits have been granted to all such Associate Professors/Professors who retired prior to 01.09.2006 from service of the Rajasthan University, Jaipur, Mohan Lal Sukhadia University, Udaipur, Jai Narayan Vyas University, Jodhpur and National Law University, Jodhpur, and those, who retired as such from the College Education Department, Government of the Rajasthan, Jaipur. Shri R.N. Mathur, learned Senior Counsel, submitted that the Registrar of the Rajasthan University, Jaipur, vide letter dated 16.01.2012 (Annexure-4) in response to a specific query whether ex-cadre Professor retired before 01.01.2006 from your University are being paid pension in Professor's grade or in Associate Professor's grade, replied to one Shri Ramchandra Verma that ex-cadre Professors retiring before 01.01.2006, are being paid pension in Professor's grade. Similarly, on a specific query by Shri Ram Chandra Verma whether ex-cadre Professors retired before 01.01.2006 are being paid pension in Professor's grade or in Associate Professor's grade, the Information Officer of Mohanlal Sukhadia University, Udaipur, vide letter dated 17/20.12.2011, has informed that ex-cadre Professors retiring before 01.01.2006 from their University are being paid pension in Professor's grade. Deputy Registrar of Jai Narain Vyas University, Jodhpur, vide its letter dated 09.06.2012, has supplied similar information to its Public Information Officer in response to his letter dated 26.05.2012, that benefit of pension in the Professor's grade has been paid to 234 retired teachers in terms of the Government notification dated 12.09.2008, who were promoted against ex-cadre posts under career advancement scheme, and that pension in the case of 46 Professors and 7 Associate professors was revised on that basis. Learned Senior Advocate also referred to information supplied to said Shri Ramchandra Verma by Registrar of the respondent University that there is no difference between Professors, who are duly selected and are promoted against ex-cadre post under career advancement scheme. Learned Senior Advocate therefore submitted that action of the respondents is wholly arbitrary and discriminatory inasmuch as they have arbitrarily treated similarly situated persons dissimilarly. Reliance in this connection has been placed on the judgment of the Supreme Court in D.S. Nakara and Others Vs. Union of India – (1983) 1 SCC 305 , wherein it has been held that no discrimination can be made between retired employees in the matter of grant of benefit of liberalized pension scheme only on fortuitous circumstances on the date of retirement. Shri R.N. Mathur, learned Senior Advocate, also argued that the discrimination has now cease to exist between those directly recruited and promoted against ex-cadre post in the career advancement scheme after 01.01.2006. In both the cases, pension is now being paid at par is on the basis of last pay drawn. Shri Rajan Prajapati, brief holder of Shri D.V. Tholia, learned Additional Advocate General for respondent no.1, and Shri R.A. Katta, learned counsel for the respondent University, opposed the writ petition and submitted that the promotion against ex cadre post under the career advancement scheme is personal promotion and not a promotion against cadre post. There is no post like Lecturers (Senior Scale) or Lecturers (Selection Scale) corresponding to the posts of Associate Professors and Professors. There is no post like Lecturers (Senior Scale) or Lecturers (Selection Scale) corresponding to the posts of Associate Professors and Professors. Mere drawl of higher pay scale does not per se entitle the incumbent to also claim pension on the basis of such pay scale. Benefit of pension on the basis of higher Pay Band-4 of Rs.37400-67000 with AGP Rs.9000/- shall be given to only those persons, who are working/in service as on 01.01.2006, and have completed three years of service in the existing pay scale of Rs.12000-18300. A person who has retired prior to 01.01.2006 shall not be entitled to such benefit. It is submitted that Ministry of Human Resource Development, Department of Higher Education, Government of India, vide clarification no.1-32/2009-U.II dated 03.12.2008, clarified that persons holding the post of Reader/Head of Department on promotion shall be entitled to higher Pay Band-4. The Higher Education Department of the Government has clarified the position regarding fixation of pension vide communication dated 08.08.2011 in concurrence with the Finance Department vide ID No.221101242 dated 05.08.2011. It has been made clear that this benefit would not be allowed to those Associate Professors, who have been designated as Professors/Associate Professors under career advancement scheme. Grievance of the members of the petitioner-Society is misplaced as the pensions of members of the petitioner-Society has been rightly fixed as per said notification. On hearing learned counsel for the parties and perusing the material on record, I find that plea of discrimination specifically set up by the petitioner- Society in various paras of memo of writ petitions has remained unrebutted. The respondents have not disputed assertion of the petitioners that the Associate Professors and Professors of various other Universities of the State, promoted under career advancement scheme against ex-cadre posts, who retired prior to 01.01.2006, have been granted the benefit, which has been denied to members of the petitioner-Society on the strength of clarification of the Government dated 08.08.2011. When the source of benefit is same i.e. the career advancement scheme and the memorandum of the Finance Department dated 12.09.2008, there is no justification why a similar treatment be not accorded to members of the petitioner-Society or Associate Professors or Professors promoted under the career advancement scheme and retired prior to 01.01.2006 from service of the respondent-University. When the source of benefit is same i.e. the career advancement scheme and the memorandum of the Finance Department dated 12.09.2008, there is no justification why a similar treatment be not accorded to members of the petitioner-Society or Associate Professors or Professors promoted under the career advancement scheme and retired prior to 01.01.2006 from service of the respondent-University. The petitioner- Society has not only pleaded but also sufficiently substantiated its pleadings by documents and placed on record the information obtained from Rajasthan University, Jaipur, Mohan Lal Sukhadia University, Udaipur and Jai Narayan Vyas University, Jodhpur, none of which documents have been disputed by the respondents. The petitioners have also asserted that Associate Professors or Professors, promoted against ex-cadre post in career advancement scheme and retired prior to 01.01.2006 from service of the College Education Department of the State Government, have also been granted similar benefits. Respondents have not even disputed the additional and alternative plea set up by the petitioner-Society that there is now no distinction in the matter of pension between those directly recruited as Associate Professor/Professor and promoted as Associate Professor/Professor against excadre post under career advancement scheme. Now both the set of retirees, whether before or after 01.01.2006, are being paid the pension computed on the basis of last drawn pay. Ratio of judgment of the Supreme Court in D.S. Nakara, supra, even otherwise apply to the present case in the context of additional and alternative plea, wherein dealing with somewhat similar issue it was held by their Lordships that the benefit of liberalized pension scheme cannot be denied merely on the basis of fortuitous circumstances of date of retirement. In view of the above discussion, action of the respondents in refusing the benefit of pension with effect from 01.04.2008 in accordance with para 5 of the notification of the Government dated 12.09.2008 to Professors/Associate Professors/Assistant Professor (Selection Grade) of the respondent University, is declared to be arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. Resultantly, impugned communication dated 08.08.2011 (Annexure-1) is quashed and set aside. Resultantly, impugned communication dated 08.08.2011 (Annexure-1) is quashed and set aside. Respondents are directed to pay to the members of petitioner-society and other similarly situated persons, who were promoted as Professors/Association Professors/ Assistant Professors (Selection Grade) against ex-cadre posts in the career advancement scheme, and retired prior to 01.01.2006 from the service of the respondent University, the benefit of revision of pension with effect from 01.04.2008, according to para 5 of the notification dated 12.09.2008. The consequential benefits shall carry interest on the arrears thereof at the rate of 6% per annum from the date they accrue till actual payment thereof. Compliance be made within three months from the date a copy of this order is produced before the respondents. Writ petition accordingly stands allowed.