PRINCIPAL SAINIK SCHOOL BIJAPUR Vs. K K NAIK

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful respondent being aggrieved by the order dated 5-8-1996 passed by the learned Single Judge in Writ Petition No. 18225 of 1989 allowing the writ petition and while quashing the impugned order dated 13-1-1989 issuing a direction to the present appellant to grant the benefit of Pensionary Benefit Scheme to the writ petitioner under the notification dated 1-4-1988.

(2.) THE brief facts are as follows: Respondent 1 herein (hereinafter referred to as the 'writ petitioner') was earlier working as Accountant in the Office of the Accountant General, bangalore, and, after resigning the post, he joined the Appellant/sainik School, Bijapur, as an accountant in the year 1964. On attaining superannuation he retired from service on 1-10-1986. It is to be noted here itself that during this period the writ petitioner was entitled for the benefit of Contributory Provident Fund (CPF) which he availed of after his retirement in the year 1986. Thereafter, by the notification dated 11-4-1988 the Government of India introduced Pensionary benefit Scheme (PBS) for the employees working in autonomous bodies like the appellant herein with effect from and applicable to the persons who retired on or after 1-4-1988.

(3.) THE writ petitioner approached the Government to extend the benefits under the Pensionary benefit Scheme vide the Notification dated 11-4-1988 to him also. This request was rejected by the impugned order dated 13-1-1989, vide Annexure-F, on the ground that, as the petitioner was covered under the Contributory Provident Fund Scheme and had retired much prior to 1-4-1988 on which date the new Pensionary Benefit Scheme was introduced. Aggrieved by the refusal, vide Annexure-F, the petitioner approached this Court in Writ Petition No. 18225 of 1989 on the ground that refusal of Pensionary Benefit Scheme to him was discriminatory creating 2 classes of retirees, viz. , (1) those who retired before 1-4-1988 like the petitioner and (2) those who retired on or after 1-4-1988. It is contended that this discrimination is irra- tional, unequal and not based on any reasoned classification between the classes of employees who retired earlier to or after the cut-off date, i. e. , 1-4-1988; that denying the benefit of Pensionary Benefit Scheme to the persons like the petitioner who have retired prior to 1-4-1988 contravenes the Directive principles of the Constitution of India, etc. This claim of the petitioner was resisted by the appellant. The learned Single Judge on considering the rival claims, relying upon the decision of the Hon'ble Supreme Court in the case of R. L. Marwaha v Union of India and Others, held that there cannot be any discrimination between those employees who had retired from service earlier to the date of the notification like the petitioner and those employees who retired after the date of notification. Accordingly, the writ petition was allowed, the impugned order dated 13-1-1989 was quashed and the authority (the appellant) was directed to grant the benefits of the Pensionary benefit Scheme to the writ petitioner as per the Government notification dated 1-4-1988, provided the petitioner refunds the amount drawn by him under the Contributory Provident Fund scheme. Hence, the present appeal.