SHER SINGH GHUMAN (RETD) Vs. STATE OF HARYANA

JUDGEMENT

(1.) Notice. All the petitioners in this writ petition are ex-employees of the Haryana Agricultural Marketing Board, having retired between 1975 and 1987. There were in force the Punjab State Agricultural Marketing Board and Market Committees Employees Provident Fund and Gratuity Rules, 1965 and the petitioners were given the benefit thereof at the time of their retirement. A scheme for payment of pension was introduced by framing rules under Section 43 of the Punjab Agricultural Produce Markets Act, 1961, by notification dated 24-7-1989 (Annexure P-2). The 1989 Rules have expressly been made prospective. They apply to (i) those entering service of the Board on or after the coming into force of the rules and (ii) existing employees who opt for the rules within three months. The petitioners have challenged the notification Annexure P-2 in so far as the rules applicable prospectively and leaves out of its purview those employees who had retired prior to coming into force of the said rules primarily on the ground of invidious discrimination under Article 14 of the Constitution.

(2.) The petition has been contested. Written Statements have been filed.

(3.) Learned counsel for the petitioners contends that all employees of the Board including those who retired prior to 24-7-1989 as well as those who retired after that date constituted a single homogenous class and their classification into two categories by arbitrarily providing a cut-off date had no nexus with the object sought to be achieved, namely conferment of a substantial retrial benefit on the retiring employees of the Board. He has placed reliance on D. S. Nakara and Ors. v. Union of India, A. I. R. 1983 S. C. 130, V.P. Gautam v. Union of India, 1983 (2) S. L. R. 346, Kundan Singh v. The State of Punjab, C.W.P. No. 3742 of 1984. decided by Division Bench of this Court on 22-1-1985, Civil Writ Petition No. 1646 of 1985, decided on 18-12-1986 and Khadi and Village Industries Commission v. Bhim Sen Vedatankar L. P. A. No. 1352 of 1989. In C.W.P. No. 9586 of 1987, decided on 23-3-1990.