GAUHATI UNIVERSITY Vs. NILOY KUMAR DAS

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 26.9.97 passed by the learned Single Judge of this Court allowing the Civil Rule No. 1891 of 1996 wherein it has been held that the cut-off date prescribed by the Executive Council for exercising option to switch over to the G.P.F-cum pension-cum-gratuity scheme (charace given only to the employees on service as on 23.7.93) is an unreasonable classification between the similarly situated employees and directed the Respondent- University to consider the prayer of the petitioners to allow them to exercise option to switch over to this scheme with effect from 1.1.89.

(2.) Although the impugned notifications have been held to be unreasonable, yet the learned Single Judge has not set aside the aforesaid notifications. The direction does not appear to be mandatory on 'the part of the University to offer an opportunity to the petitioners to exercise option afresh. Situated thus, we would like to examine the validity of the impugned resolution No. 95/8/ 113 dated 13.5.95 (Annexure -4) and the letter dated 11.12.1995 (Annexure-6).

(3.) At the very outset, let us clear the facts beyond controversy. The petitioners who are the Respondents No. 1 to 28 in this writ appeal were employees under the Gauhati University, and they had duly retired from service during the period between M .89 to 23.7.93 According to .them, the Common Pay Committee constituted for the three Universities in Assam including the Gauhati University recommended liberalised pension scheme for the employees who are already under the G.P.F-cum- pension scheme. The said report has beeen brought into force with effect from 1,1,1989, on being accepted by the Governor of Assam. The Executive Council of the University, in its meeting held on 23.7.93, decided to offer commutation benefit to the employees of the University who had earlier opted for G.P.F- cum pension- cum-gratuity scheme and further decided to offer a chance to the empolyees who were under G.P.F- cum- gratuity scheme on service as on 23.7.93 to exercise fresh option for switching over to the G.P.F -cum pension cum-gratuity scheme. Thus, the employees who were on service of the University on 1.1.89 and retired prior to 23.7.93 have been deprived of the special privilege to exersice option afresh. The petitioners being in the later category felt aggrieved and filed the writ petition challenging the aforesaid the decision on the ground that the cut-off date prescribed by the authority is arbitrary and based on unreasonable clessification between the same set of employees subscribing to the C.P.F- cum-gratuity scheme.