RADHAKRISHNAN P N Vs. GOVERMENOR R B I

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned single Judge dated January 4, 2000, rendered in W.P.No.9010 of 1992. Extension of Pensionary Benefit for the erstwhile employees of Reserve Bank of India is the question for consideration. W.P. No. 9010 of 1992 was filed questioning the constitutionality of sub-rule (3) of Regulation 3 of Reserve Bank of India (Pension) Regulations, 1990, which bars the persons on leave preparatory to retirement from getting the benefit of Pension Scheme, introduced in 1990 but retrospectively from January 1, 1986. Having failed before the learned single Judge, this Writ Appeal has been filed.

(2.) For the employees of Reserve Bank of India, there was no Pension Scheme. They were covered by Contributory Provident Fund Scheme. In exercise of the Rule-making power under Section 58 of the Reserve Bank of India Act, 1934, a Pension Scheme was introduced captioned Reserve Bank of India (Pension) Regulations, 1990, hereinafter to be referred to as Pension Regulations. The said Scheme comprises of three categories, viz.,

(3.) The appellants retired from service before January 1, 1986 but they went on leave preparatory to retirement and their leave periods expired after January 1, 1986. So far as the Constitutional validity of the cut off date January 1, 1986 for entitlement to pension is concerned, the matter went to Supreme Court and the Supreme Court in (i) All India Reserve Bank of India Retired Officers Association and others v. Union of India and others, AIR 1992 SC 767 upheld the validity of the cut off date on the ground that there is a nexus to the object sought to be achieved and that the cut off date was not arbitrary. The previous judgment of the Supreme Court in (ii) D. S. Nakara v. Union of India, AIR 1983 SC 130 : 1983 (1) SCC 305 : 1983-I-LLJ-104 was distinguished on the ground that Nakara's case, ((supra) has dealt with homogenous class of retired employees and the applicability of the liberalised Pension Scheme to an already existing Scheme and drawn a distinction so far as the Reserve Bank of India employees are concerned as, in the case of the latter, there was no pre-existing pension plan and the said Pension Scheme was newly framed under Regulations mentioned supra and as such, fixation of cut off date is valid and reasonable. In this view of the matter, no argument is available to assail the cut off date January 1, 1986 for being entitled to claim pension, as the judgment of the Supreme Court in the decision in A.I. Reserve Bank Retd. Officers' Assn. (supra) is the law holding the field and that issue is no more res integra.