Judgment

HANSARIA, J.:- Leave granted.

2. The State of Uttar Pradesh formulated a new scheme of pension and provident fund of the employee of Aided Degree Colleges of the State Service. This was made effective by Government Order (G.O.) dated 24-8-80. This G.O. came to be issued on the demand of the teachers of various aided educational institutions including Degree Colleges for better terminal benefits like pension and death-cum-retirement gratuity. One of the points urged in support of the claim was that similarly situated teachers in Government Colleges were better off in this regard and there was no reason to treat the other teachers differently. It was urged that the two categories of teachers being similarly situated the difference was discriminatory as well. It however deserves notice at the threshold itself that. the retirement age of aided colleges teachers was (and is) 60 years, whereas in Government colleges the retirement age is 58 years which is at par with the retirement age of other Government servants.

3. The G.O. made available two packages leaving it to the teachers concerned to opt for one of these. One option was to retire at the age of 60 years in which case pensi