Om Prakash, J. - (1.) DESPITE the order dated 4.12.1990, no counter -affidavit has been filed for the respondents. Counsel for the parties are, therefore, heard to dispose of the writ petition finally. By this petition, the petitioner prays that the respondents be directed to computed pension and gratuity payable to him including the period 10.8.1951 to 2.1.1972, in which he remained in the employment of zila parishad as a teacher in several grades.
(2.) THE petitioner retired as Sub -Deputy Inspector of Schools with effect from 31.7.1989. His services on that post were regularised with effect from 18.1.1981. It is stated that the petitioner was appointed as Assistant Teacher with effect from 10.8.1951 and was confirmed on that post on 1.7.1961. He was promoted as Head Master of Junior High School and worked on that post till 2.1.1972. Later, he was promoted to the post of Sub -Deputy Inspector of School on 3.1.1972. For computing his pension and gratuity, the respondents took the stand that his prior services as teacher from 10.8.1951 to 2.1.1972 will not be counted for computing the pension, gratuity etc. No. counter -affidavit having been filed, the facts as stated in the writ petition remain uncontroverted and, therefore, I proceed on their basis.
(3.) THE contention of the petitioner is that Government orders dated 16.9.88 and 10.1.86 had been issued giving the benefit of service rendered in non -Government schools to the retired persons in the matter of pension, gratuity etc., who retired between 13.6.1979 and 10.1.1986. These Government order say that if a person who was earlier in the employment on non -Government institution and if he was retired between 13.6.1979 and 10.1.1986, when the services which he rendered in the non -Government institutions would qualify for the computation of pension, gratuity etc. The question for consideration is whether the same benefit can be extended to those who retired after 10.1.1986. The question is whether the date of retirement during the aforesaid period constitutes a valid classification for including the services rendered in non -Government institutions for computing the pensionary benefits. I fail to understand that when such benefit can be extended to those who retired between June 79 and January 86, then why such benefit should not be extended to those who retired later.;