PURSHOOTAMDAS H SHAH Vs. KAPADWANJ NAGARPALIKA

JUDGEMENT

(1.) Heard learned counsels for the respective parties. The petitioners have challenged the action of the Respondent No.1 Kapadwanj Nagarpalika in not extending the benefit of Resolution dated dated 30/7/1991 to all the retired employees of Nagarpalika and confining it only to the employees in service or to be retired after 1/8/1991, as discriminatory, arbitrary and unconstitutional.

(2.) The petitioners were employees of Respondent no.1 Nagarpalika holding different positions as mentioned in Annexure-A at page-16 of the petition. The date of joining and date of retirement of petitioners have been mentioned at Annexure-A at page-16, and their respective date of retirement have also been mentioned in the affidavit-in-rely by Nagarpalika on page-31. The petitioner No. 12 had retired on 16/12/1987. The petitioner No.3 and 11 died during pendency of this petition, hence their legal heirs have been brought on record, and permitted to prosecute this petition.

(3.) The petitioners have mainly relied on the ratio in case of MR. D.S. NAKARA & ORS. VS. UNION OF INIDA, reported in AIR 1983 S.C. pg. 130 in support of their submission that the respondent Nagarpalika ought not to have confined the benefit of new Pension Scheme only to the employees retired on 1/8/1991 or thereafter. The employees retiring prior to 1/8/1991 ought to have been given benefit of new Pension Scheme. It has been submitted on behalf of the petitioners that the petitioners and other similarly situated persons were governed by the Contributory Provident Fund Scheme which was in existence prior to 1/8/1991. It is submitted on behalf of the petitioners that all the petitioners were ready & wiling to pay back the monetary benefits which they had received under Contributory Provident Fund Scheme for being eligible to avail the benefit of new Pensionary Scheme that was introduced vide Resolution dated 30/7/1991 whereunder the date of introduction of the Scheme is fixed as on 1/8/1991, meaning thereby the employee of Nagarpalika who is retiring on 1/8/1991 or thereafter was entitled to the benefit of new Pension Scheme.