ISHWAR DASS SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner retired on 6.6.1984 as Deputy Secretary of Vidhan Sabha. His precise grievance in the present writ petition is that since he has retired before 31st March, 1985, he has been deprived of the benefit of Office Memorandum dated 9th October, 1985 (Annexure P-1) whereby Dearness Allowance/Ad hoc Deamess Allowance sanctioned up to Consumers' Price Index Level 568 is treated as Dearness Pay for calculating pensionary benefits, namely Pension, Gratuity/D.C.R.G. and Terminal Gratuity in respect of the employees retiring on or after 31st March, 1985.

(2.) The case of the Petitioner is that fixing cut-off date as 31st March, 1985 in office memorandum dated 9th October, 1995 (Annexure P-1) is discriminatory and violative of Articles 14 and 16 of the Constitution of India as it creates classification which is neither found on any intelligible differentia which distinguishes between persons who retired prior to 31st March, 1985 and those persons who retired on or after 31st March, 1985 nor does aforesaid classification has any rational relation with the object sought to be achieved.

(3.) The Respondents have filed separate reply affidavit(s). Their stand is that in the matter of grant of pension and gratuity to its employees the Government of Himachal Pradesh follows rules and instructions of the Government of India issued from time to time. Accordingly, office memorandum dated 9th October, 1985 (Annexure P-1) has been issued by the Government of Himachal Pradesh on the basis of the instructions issued by the Government of India and unless Government of India makes modification and extend similar benefits to the employees who have retired before 31st March, 1985 no relief can be granted to the Petitioner.