JUDGMENT

THAKKAR, J. :— Does that part of the provision which provides for payment of a larger amount of gratuity with prospective effect from the specified date offend Art. 14 of the Constitution of India? Whether gratuity must be paid on the stepped up basis, to all those who have retired before the date of the upward revision, with retrospective effect, even if the provision provides for prospective operation, in order not to offend Art. 14 of the Constitution of India? A Division Bench of the High Court of Andhra Pradesh says ,no. In our opinion it rightly says so. The petitioners, erstwhile Government employees who had retired "before" April 1, 1978, inter alia claimed and contended before the High Court that they were entitled to the benefit of the Government order No. 88 dated 26th March, 1980 providing that :

"(b) Retirement gratuity may be 1/3rd of pay drawn at the time of retirement for every 6 monthly service subject to maximum of 20 months pay limited to Rs. 30,000/-."

The said order in so far as gratuity is concerned is made effective from 1st April, 1978. Says the High Court :-

"Therefore, we are now only concerned whether this G.O. Ms. No. 88, dated 26-3-1980, should be