( 1 ) PETITIONER has filed this writ petition under article 226 of the Constitution of India seeking a direction against the respondents, to restructure the pensionary benefits of the petitioner from the date of his retirement i. e. 28. 2. 73 on the same terms and conditions on which the pensionary and other related benefits of the employees of the similar status in the schools run by the appropriate authority who have retired after 31. 12. 73 and onwards have been structured.

( 2 ) THE controversy in the present petition arises as a result of the Delhi School Education Act, 1973 (for short the said Act) having come into force on 31,12. 1973. The. petitioner retired on 28. 2. 1973 prior to the said Act coming into force and opted for restricted pension scheme Under triple, benefit scheme. The relevant sections of the said section 2 (i):

existing employee means an employee of an existing school who is employed in such school immediately before the commencement of this Act, and includes an employee who was employed in such school for a period of not less than twelve months immediately preceding the 2nd day of September, 1972. Section. 10: the scales, of pay and allo