KANAIYALAL NARANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Judgment of the learned single Judge in Special Civil Application No. 7547 of 1996 is challenged in this appeal. The appellant is a teacher working in an Aided School. He challenged the Government Resolution dated 27/07/1989. The Government servants as well as the teachers working in Aided Schools are given Leave Travel Concessions. In 1984, the Government liberalised its scheme for L.T.C., and even permitted to claim encashment of the leave travel facility. As regards the encashment of the L.T.C., for the block period of 1992-95, the Government issued a Resolution on 1/01/1992. Under Clause (7) of the Resolution, it was stated that the L.T.C. would not be available to the employees, who have entered in service after 1/04/1989, who have more than two living children. This Resolution was challenged by the appellant before the learned single Judge.

(2.) . The appellant contended that he is having a family having more than two living children and as he entered service after 1/04/1989, he is being denied the facility of L.T.C., whereas employees who joined service prior to 1/04/1989 and who have more than two living children, are given this benefit and this is violative of Art. 14 of the Constitution as there is unequal treatment. The appellant contended that the Government ought to have treated all the employees equally and the restriction imposed on the ground that those who have entered in service after 1/04/1989 shall not have the L.T.C. facility is bad. According to the appellant, fixing of such a cut-off date is to be removed and the appellant shall also be allowed to avail the L.T.C.

(3.) The learned single Judge held that the Government has taken a policy decision in furtherance of the Government policy of family planning as a population control measure and as it is absolutely necessary for the Government to provide such a decision, the restriction imposed by the Government cannot be said to be bad. The view taken by the learned single Judge is assailed before us.