VINAYAK VITHAL TADVALKAR & ANR. Vs. THE MAHARASHTRA STATE KHADI & VILLAGE INDUSTRIES BOARD & ORS.

JUDGEMENT

(1.) The petitioners are ex-employees of the Maharashtra State Khadi and Village Industries Board, (hereinafter referred to as the 'Board') constituted under the Bombay Khadi and Village Industries Act, 1960. The petitioners have retired from service between 24th Feb. 1982 and 1st April 1985 on superannuation. The petitioners are challenging a resolution dated 1st July 1985 of the Maharashtra Government extending the pension scheme as revised from time to time and applicable to Maharashtra Civil Services to the employees of the Board who retire from services on or after 1st April 1985. The petitioners contend that extension of this benefit as and from 1st of April 1985 is discriminatory and violative of Art. 14 of the Constitution of India.

(2.) Under Sec. 30 sub-section (7) of the Bombay Khadi and Village Industries Act, 1960 the remuneration, allowances and other conditions of service of the Officers and servants of the Board shall be such as may be determined by Regulations framed under that section.

(3.) On 24th February 1982 the Board passed a resolution to the effect that the employees and officers of the Board shall be given pension, gratuity, death and family pension benefits as per the Government Rules applicable to Government servants. Thereafter the Board under Sec. 30(2)(c) of the said Act by its letter dated 23rd March 1982 approached the State Government for sanction of the scheme of retirement benefits as on a par with Government servants for all its employees and officers as per its resolution of 24th Feb. 1982. A reminder was sent by the Board on 15th June 1983. Thereafter several representations were made to the Government by petitioner no.13 for extending pension benefits to him and others who retired on superannuation after the date of the said resolution of 24th Feb. 1982. These representation are dated 27th Feb. 1985, 20th July 1985, 25th July 1985, 26th July 1985 and 10th April 1986.