SHAMSHER SINGH EX-DRIVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated July 9, 1985, Annexure P-4, to the extent it demise the petitioners who had retired from service before March 31, 1985, from the State Transport Department, the additional pensionary benefits.

(2.) The petitioners are the ex-employees of the Punjab Roadways who had retired from the service before March 31, 1985. At the time when the petitioners were employed with the Punjab Roadways, there was no provision for the grant of pension. There was, however, contributory provident fund scheme to which all the petitioners had been subscribing. The State Government introduced a scheme for the grant of pension to the employees of the Punjab Roadways vide order dated November 29, 1983, copy, Annexure P-1. However, it allowed pensionary benefits to those employees of the Punjab Roadways who retired from service on or after November 30, 1983. Certain writ petitions were filed in this Court for the grant of the pensionary benefits. In paragraph 4 of the writ petition, two such writ petitions have been mentioned, viz., Civil Writ Petition No. 2742 of 1984 and 1564 of 1985. As a consequence of the filing of the said writ petitions, the State Government modified the scheme and allowed, all the Punjab Roadways employees who had subscribed to the provident fund scheme, all pensionary benefits, vide Annexure P-2, dated 13/15th May, 1985. Later on, the State Government promulgated instructions vide letter dated July 9, 1985, Annexure P-4, allowing additional pension gratuity; death-cum-retirement gratuity and terminal gratuity in respect of only those employees who had retired from service on or after March 31, 1985. The challenge to the said instructions vide Annexure P-4 is primarily on the ground that this classification is neither founded on any intelligible differential which distinguishes persons who retired prior to March 31, 1985 and those persons who retired on or after March 31, 1985. Strong reliance was placed in this behalf on the Supreme Court judgment in D.S. Nakara v. Union of India, 1983 AIR(SC) 130.

(3.) Return was filed on behalf of the respondents, but no meaningful argument could be raised in view of D.S. Nakara's case , which squarely covers the matter. The questions before the Supreme Court therein as given in paragraph 2 of the said judgment were : Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services (Pension) Rules, 1972 ('1972 Rules' for short) from a class as a whole ? Is the date of retirement a relevant consideration for eligibility when a revised formula for computation of pension is ushered in and made effective from a specified date ? Would differential treatment to pensioner related to the date of retirement qua the revised formula for computation of pension attract Article 14 of the Constitution and the element of discrimination liable to be declared unconstitutional as being violative of Article 14. The answer was given in paragraph 65 of the judgment which reads as follows :-