H C SHALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a direction against the respondents, to restructure the pensionary benefits of the petitioner from the date of his retirement i.e. 28.2.73 on the same terms and conditions on which the pensionary and other related benefits of the employees of the similar status in the schools run by the appropriate authority who have retired after 31.12.73 and onwards have been structured.

(2.) The controversy in the present petition arises as a result of the Delhi School Education Act, 1973(for short the said Act) having come into force on 31,12.1973. The. petitioner retired on 28.2.1973 prior to the said Act coming into force and opted for restricted pension scheme Under triple, benefit scheme. The relevant sections of the said Section 2(i):

(3.) The learned counsel for the petitioner has contended that on bare reading of section 2(1) of the said Act it is apparent that while the first portion of the said" sub-section deals with the employees in employment at the stage of the Act coming into force, the second part deals with the employees who were not employed when the Act came into force. The second portion comes into play when the employee was employed in such school for a period of not less than twelve months immediately preceding the 2nd day of September, 1972.