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 petitioner No. 3 is also a retired Professor. The petitioner No. 2 Shri Tijare retired in the year 1973, and the petitioner No. 3 retired in the year 1981. According to them, since the date prescribed by the aforesaid G.R is 1-10-1982, they are denied the benefits of the pension-cum-gratuity scheme though they are similarly circumstanced with the teachers who retired after 1-10-1982. The petitioners carried out a long correspondence with the Government but did not received any reply. The only reply which they received from the Government was that the matter is under consideration. Since the various representations made by them were of no avail, they were ultimately constrained to file the present writ petition on 16-12-1985. The respondent State Government filed its return. However, no explanation has been given as to why the date 1-10-1982 was chosen. After the matter was fully agreed, a further time was asked by Shri Badar and Shri Tayade, Counsel appearing for the respondents to seek further instructions. To-day they have produced before us a telegram which only states that the date 1-10-9182 was fixed in view of the assurance given by the Government in the Assembly. No other reason has been disclosed either in the return filed before us or even during the course of arguments.

3. Shri Deshpande, the learned Counsel appearing for the petitioners, contended before us that the new pattern of education was introduced vide G.R. dated 11-6-1976. In view of this new pattern, the 11th and the 12th classes are conducted by the junior colleges while after the 12th standard, the education starts in the senior colleges. The pension, gratuity and other retirement benefit scheme was made applicable to the teaching staff in the recognised and the aided non-government secondary schools in Maharashtra from 1-4-1966 vide G.R. dated 4-11-1968. If this is so, then according to Shri Deshpande, the same date should have been prescribed for extending the same benefits to the teaching staff in the non-government colleges. He also submitted that Kothari Education Commission was appointed by the Government of India vide resolution dated 14-7-1964, and the Commission submitted its report on 29-6-1966. The grant-in-aid system for colleges was introduced under the G.R. dated 13-12-1962 which came to be subsequently amended by a further G.R. dated 8-1-1964. Therefore, for deciding the relevant date for applying the retirement benefit scheme to the retired teachers of the private colleges, the said date was the only relevant date. Thereafter the Committee headed by Shri Sen submitted its report to the University Grants Commission in the year 1973. Para 2 of the said report contained the recommendations for providing retirement benefits to the teachers in colleges generally. In princi

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