( 1 ) SPECIAL leave granted.

( 2 ). In this appeal a division bench decision of the Rajasthan High court dated 21/12/1989 striking down the date i. e. 29/2/1964 mentioned in Rule 268-H of Rajasthan Service Rules, 1951 as being violative of Article 14 of the Constitution of India, is under challenge. The respondent, Sevanivatra Karamchari Hitkari Samiti, Jodhpur, an unregistered association of retired employees of the government of Rajasthan, moved a writ petition in the Rajasthan High court inter alia contending that the expression "in service on 29/2/1964 who is" as used in Rule 268-H of the Rajasthan Service Rules was discriminatory and violative of Article 14 of the Constitution. It was also contended that such rule was also in conflict with the principle laid down in the decision of this court rendered in D. S. Nakara v. Union ofindia. It was also contended that the said expression being severable from the other part of Rule 268-H, the same should be struck down so that the validity of Rule 268-H without the aforesaid expression is not affected.

( 3 ). By the impugned judgment, the Rajasthan High court has held that under Rule 268-H. the benefit of pension has been given only t