AVTAR KRISHEN MENGI Vs. STATE OF J&K

JUDGEMENT

(1.) IN writ petition No. 934/83 Art. 240 -AAA introduced in the J&K. Civil Service Regulations Vol. 1 by virtue of SRO 586 dated 23.10.1979 is challenged to the extent it classifies pensioners of the State Govt. On the basis of their date of retirement. This petition is by an individual petitioner. Art 240 AAA relevant for the purpose of this writ petition and for understanding the challenge is reproduced as under:

(2.) THE benefit of this article is given to those only who have retired on or after 31ist March 1979. A table showing the benefit is illustrated at the foot of this Article. The petitioner contends that the pensioners constitute a single class have been divided in two classes i.e. those who have retired before 31.3.1979 and those who have retired on or after 31.3. 1979 who have retired prior to 31.3.1979 are not entitled to the benefit of Art. 240 -AAA. Therefore the words on or after 31.3,1979 appearing in the said Article are illegal, unconstitutional and violative of Art. 14 of the constitutional of India. A prayer is made for quashing she said words from said Article.

(3.) WRIT petition No. 935/83 has been filed on behalf of petitioner No. 1 in his personal capacity and on behalf of petitioner No. 2 as the Association. The writ petition involves the same question of law which is involved in writ petition No. 934/83 The Two writ petitions shall, therefore, be decided by a common judgment.