V P GAUTAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Does the date of retirement from service, being prior or subsequent to a specified date, constitute a valid criteria for classification of persons entitled to pension under the All India Services (Death-cum-Retirement Benefits) Rules, 1958 (hereinafter referred to as the 'Retirement Benefits Rules, 1958') justifying differential treatment in the matter of computatian of pension so as to render it immune from attack under Art. 14 ? In other words, is not the vice of discrimination inherent in a situation where the amount payable as pension is worked out by one formula if retirement from service was before a particular date and by another and more generous one if it happened to be subsequent there-to? Herein lies the main controversy raised in this petition.

(2.) The question posed stands largely settled by the rationale of the judgment of the Supreme Court in D. S. Nakara v. Union of India, 1983 AIR(SC) 130and, therefore, only a brief reference to the relevant facts here would suffice.

(3.) The petitioner Mr. V. P. Gautama was a member of the Indian Administrative Service, who originally belonged to the Punjab Cadre; but on reorganisation of the State came to be allocated to Haryana. He retired from service on April 29, 1967 on attaining the age of superannuation. On retirement, he was eligible for pension under the Retirement ment Benefits Rules 1958 and in. accordance with the provisions of Rule 18 read with Sch. 'A' thereof, he was allowed pension at the maximum rate of Rs. 675/- per month. A sum of Rupees 24,000/- was also allowed, to him as death-cum-retirement gratuity under Rule 19 (3) read with Sch. 'B' of the aforesaid Rules. The case of the petitioner being that as he had 32 years' service to his credit, he was entitled both to the maximum pension as also gratuity payable under the Retirement Benefits Rules, 1958.