JUDGMENT

 Leave granted.

This appeal by special leave arises from judgment of the Division Bench of the Bombay High Court in Appeal No.681/90, dated 12-9-91. The appellants filed writ petition No.3571/89 seeking that the former employees of the respondent-Corporation who retired prior to 1-1-89 (Clerical cadre) employed in the Bombay region are entitled to the parity in payment of pension with the employees who retired on that date in other regions of the respondent-Corporation and the non-payment thereof is violative of Articles 14 and 21 of the Constitution. To understand the contention, it is necessary to mention the background of the case.

2. Consequent upon the nationalisation of the erstwhile Burmah-Shell on January 24,1976, the Burmah-Shell pension fund operating prior to the nationalisation was taken over and a new trust fund was created with terms and conditions mentioned therein found beneficial to the employees even after the nationalisation. According to the terms, the pension is payable on the basis of salary and not on basic salary plus D.A. In 1978, disputes were raised by the employees union including the dispute relating to the increase of the pension by merging D.A.