N.D. CHOKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates. The petitioners are the retired employees of the private, grant-in-aid technical centres. The petitioners retired from service prior to 1st April, 1995. The petitioners received retiral benefits including the contributory provident Fund amount. Since their retirement, by Government Resolution dated 17th Jan., 1996 a pension scheme came to be introduced with respect to the teaching and non-teaching staff in Non-Government grant-in-aid technical institutions/centres. The pension scheme introduced under the said Resolution has been made effective from 1st April 1995. As the petitioners have retired prior to 1st April, 1995, they are excluded from the benefit of the said pension scheme. Therefore, the present petition.

(2.) Challenge in the present petition is to the cut off date adopted by the State Government. It is submitted that, if there were no cut off date, the petitioners also would have received the benefit under the said pension scheme.

(3.) The petitioners have not made out a case how 1st April, 1995 the cut- off date selected by the State Government is arbitrary; or that the said date has no relevance or nexus to the object to be achieved. The only contention raised is that the petitioners are the only four employees of non-Government Technical Centres who are excluded from the benefit of the said pension scheme. Such argument can not be countenanced. The said pension scheme is applied not only to the private, grant-in-aid Technical Centres but also to such grant-in-aid Technical Institutions. Whatever be the benefit under the said pension scheme shall apply uniformly to the employees of such institutions as well as the centers. The fact situation prevailing in such centres can not be examined in isolation of the fact situation prevailing in such institutions.