PRAVIN NATHALAL SHAH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The matter is notified along with Special Civil Application Nos.3570/1998, 4014/1998, 9066/1998 and 3226/1998. But then, as the learned Advocates submitted that this matter has nothing common except that the action of prescribing the cut off date is under challenge along with the validity of the Rule, by which such cut off date is prescribed, at the request of the learned Advocates for both the sides, this petition is heard separating it from the group.

(2.) The present petition is filed by two individuals along with LIC Class-I Retired Officers' Association being the third petitioner, challenging rule (9) of the Notification issued by the Government of India dated 18th July, 1996 and also Instruction No.11 issued by the respondent-Corporation dated 19th July, 1996 whereby the petitioners and other similarly situated officers, who happened to be the members of petitioner no.3-Association are denied the benefit of gratuity on the basis of revised scales from 1st August, 1992 as they retired between 1st August, 1992 and 31st July, 1994.

(3.) Earlier, the very association i.e. petitioner no.3 herein had approached this Court by filing Special Civil Application No.7900 of 1996 contending that the action of the respondent of prescribing "1st August, 1994" as the cut off date for the purpose of calculating gratuity is arbitrary and irrational. According to the association, the respondent could not have prescribed `1st August, 1994' as the cut off date for the purpose of computation of gratuity on the basis of the revised scale of pay. This Court (Coram: R.M. Doshit, J.), by its judgement and order dated 6th May, 1997, dismissed the petition observing that: