Bal Raj Tuli, J. - (1.) The Short question to be determined in this petition is whether the petitioner retired on March 31, 1958, or on April 1, 1958. He was born on April 1, 1903, and the age of retirement according to rule 3.26 of the Punjab Civil Services Rules, Volume I, Part I (hereinafter railed the Rules) was the attainment of 55 years age. On behalf of the respondents, reference is made to rule 2.5 of the Rules, which reads as under;- "2.5 Age:- When a Government servant is required to retire, revert, or cease to be on leave on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and the Government servant must retire, revert, or cease to be on leave (as the case may be with effect from and including that day." As I read this rule, it clearly lays down that the man has to retire from the day on which he attains the age of 55 years, A man horn on April 1, 1903, shall attain the age of 55 years on March 31, 1958, and shall retire from that day. If he works on April, 1 1958, he shall be deemed to be in service, which he cannot do under this rule. In the service bock of the petitioner his service up to March 31, 1958, had been verified on the basis of which he was granted pension. It is mentioned in that service book that he relinquished charge on April 1, 1958, in the forenoon, which clearly implies that for April 1, 1958, he was treated as pensioner and was paid pension and not salary as teacher in service. The petitioner is, therefore, to be deemed to have retired from service on March 31, 1958.
(2.) The reason why this dispute has arisen is that the Government of Punjab granted a temporary increase to the pensioners who retired before April 1, 1958, so that if the petitioner is held to have retired on March 31, 1958, he will be entitled to the benefit conferred by letter No. 10144-FR-1-58/753, dated Jan. 27, 1959, from the Secretary to Government, Punjab, Finance Department, to all the Heads of Departments (a copy of which is Annexure 'E' to the writ petition. The learned counsel for the respondents, however, submits that it was a concession allowed by the Government to its pensioners and nobody has a right to claim concession through Court. I regret I cannot agree with this submission. The order of the State Government to allow a contemporary increase in pension of all the officials who had retired before April 1, 1958, is law as the term has been defined in Art. 13 of the Constitution of India. The State Government cannot discriminate between a pensioner and a pensioner who retire on the same day as such a discrimination is prohibited by Art. 14 of the Constitution.
(3.) For the reasons given above, I accept this writ petition and hold that the petitioner retired from service on March 31, 1958, and he should be paid his pension on that footing. Necessary writ shall issue to the respondents. The petitioner will be entitled to his costs, Counsel's fee Rs. 100.00. Petition accepted.;