PRAKASH Vs. DIRECTOR GENERAL OF BOARDER ROADS

JUDGEMENT

(1.) The petitioner is a retired employee of the GREF. He applied for voluntary retirement from service on medical grounds. But the petitioner is not being paid pension for the reason that he has not completed 20 years of service. The representation filed by the petitioner claiming pension has been rejected by Ext. P3 order dated 4.9.2002. The stipulation contained in R.48A(1) of the Central Civil Service (Pension) Rules is challenged by the petitioner as unconstitutional and therefore, invalid. According to him, the fixation of minimum 20 years as qualifying service is highly arbitrary and unjust.

(2.) A Division Bench of this Court, in Pankajakshy v. George Mathew ( 1987 (2) KLT 723 ) has succinctly stated the grounds available for challenging the validity of a subordinate legislation. The relevant portion of the said Judgment reads as follows: -