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1987 Supreme(Bom) 92

C.S.DHARMADHIKARI, H.W.DHABE
Retired Employees of Non-Government CollegeAssociation, Nagpur & others – Appellant
Versus
State of Maharashtra through Secretary to Government of Maharashtra in Education & Youth Department & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---This writ petition is filed by the retired employees of the Non-Government College Association, Nagpur, praying for writ of mandamus that the date prescribed by the Government in the Government Resolution dated 21-7-1983 extending the pension-cum-gratuity scheme to the teaching and non-teaching staff of the non-agricultural Universities and affiliated non-Government colleges to the persons who retire or retired on or after 1-10-1982, be declared as violative of Article 14 of the Constitution. According to the petitioners, the date prescribed viz. 1-10-1982, is not only arbitrary but also makes a hostile discrimination between the persons similarly situated but who retired prior to 1-10-1982 and the persons who retired thereafter. According to the petitioners, this prescription of the date is void ab initio since it violates the petitioners' fundamental right guaranteed under Article 14 of the Constitution of India.

2. The petitioner No. 1 is an association of the employees of the Non-Government colleges in the Vidarbha region. The petitioner No. 2 Shri Ramchandra Ambadas Tijare is a retired Professor and Secretary of the association. The petitio











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