VICTOR SAHAYARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants had put in issue the validity of Office Memorandum No. M. 23013/152/79/MF/CGA/VI(Pt) 118 dated 26-3-1984 issued by the first responder herein and had maintained that the said Memorandum was violative of the provisions of Art. 14 of the Constitution of India as the pensioners who are re-employed in the private sector and the pensioners who are re-employed in Government service or public sector undertakings are treated differently. It was also urged that the pensioners who did not get re-employment at all were also treated differently and therefore it was a case of arbitrariness and discrimination. THE learned single Judge, however, did not find any merit in this contention and dismissed the writ petition by relying on his earlier judgment in W.P. No. 1301 of 1990 decided on 9-2-1990.

(2.) WE find that in W.P. No. 1301 of 1990 the same memorandum which had been called in question by the appellants in W P. No. 4212 of 1990 had been put in issue and the challenge was on the same grounds as alleged in the writ petition by the appellant herein. The learned single Judge found that there was a well-defined classification made and that the ex-servicemen without employment formed a separate class from the ex-servicemen who had obtained re-employment in Government service or in public sector undertakings as well as the ex servicemen who had obtained employment in private sector. The learned single Judge found that there was proper classification and that there was a rational nexus between the scheme and the object sought to be achieved. The charge of discrimination which was alleged in the writ petition failed and in our opinion, rightly. WE therefore do not find any cause to interfere with the impugned order in this' writ appeal. The writ appeal fails and is dismissed.