RAJ PARIVAHAN NIGAM KARAMCHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COMMON prayer of the petitioners in both these writ petitions is as under- (i) Regulations 3 (i), (k) and Note below Regulation 3 (i) of the RSRTC Employees Pension Regulations 1989 (for short 1989 Regulations) be declared to be ultravires of Articles 14 and 16 of the Constitution of India and the same may be struck down as such. (ii) Petitioner Shafique Ahmed and 49 members of the petitioner Rajasthan Parivahan Nigam Karamchari and Adhikari Kalyan Samiti named in Schedule appended to this writ petition who have retired prior to April 1, 1989 and families of 27 employees who have retired before April 1, 1989 and have died thereafter should be given pensionary benefits from the date of retirement.

(2.) FACTS in brief are that the erstwhile Rajasthan State Roadways department of the Government of Rajasthan which was in existence upto Sept. 30, 1964 was converted into the Rajasthan State Road Transport Corporation (in short RSRTC) with effect from October 1, 1964 under the provisions of the Road Transport Corporation act, 1950 and the services of all the employees working in the erstwhile Rajasthan State Roadways department as on Sept. 30, 1964 were placed on deputation with the RSRTC with effect from October 1, 1964. The Government of Rajasthan issued to all individual employees of the erstwhile Rajasthan State Roadways department who were on deputation with the RSRTC that whether they intend to continue in Government service or whether they intend to opt for RSRTC service. The persons who were further asked whether they intend to opt for pensionary benefits of the Govt. of Rajasthan or whether they intend to opt for C. P. F. benefit as applicable to newly created RSRTC.

(3.) MAIN contention canvassed on behalf of the petitioners is that the classification sought on the basis of "date April 1, 1989" is discriminatory. This date cannot be decisive for the purpose of giving pensionary benefits. While issuing 1989 Regulations the `date April 1, 1989' has been arbitrarily picked up. No event took place on April 1, 1989. The 1989 Regulations exfacie militate against the right of equality guaranteed by Article 14 of the Constitution of India. Reliance is placed on D. S. Nakara vs. U. O. I. (1) and Puroshottam Lal vs. RSRTC