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1989 Supreme(SC) 219

L.M.SHARMA, M.H.KANIA
Krishan Kumar: Balbir Singh – Appellant
Versus
Union Of India – Respondent


gORDER :— All the petitioners before us are retired railway servants who were in service of the Railways on Nov. 16. 1957 when Pension Scheme was introduced in the Railways. Prior to that, all employees including the petitioners were governed by a Provident Fund Scheme. All the petitioners had the opportunities to exercise their option and opt for the Pension Scheme subject to certain adjustments. The minimum number of such options enjoyed by any of the petitioners before us was two. According, to the petitioners, they have not exercised this option to opt for the Pension Scheme in view of the pensions payable at the respective dates on which such options were available. It has been submitted by them that they should be given such an option again in view of the substantial increase in pensions now available. The argument of the petitioners is that whenever an option is given to opt for the Pension Scheme. The fixation of any cut-off date that is, a date limiting the option to persons who were in service on the back date mentioned is not permissible in law.

2. Although, a view has been taken by this Court that all pensioners are entitled to be treated alike, there is, however, no dec





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