MANJU GOEJ, J.

( 1 ) THIS writ petition seeks an order or direction in the nature of declaration declaring that the action of the respondent/school in withholding the pensionary benefit of the petitioner is in violation of the petitioner's fundamental rights under Article 14 ofthe Constitution and in violation of Section 10 (1) ofthe delhi School Education Act and Rule 177 (2) (a) of the Rules and for a direction for granting the petitioner the pensionary benefits as has been given to one Mr. B. Das, an ex-employee of the school. The petitioner is a retired TGT Physical Education teacher of Delhi Public School, Mathura Road. He joined the school after coming into effect of the Delhi School Education Act, 1973 (hereinafter referred to as 'the Act') and claims that his service is regulated by Section 10 (1) of the Act which envisages parity of pay, pension, gratuity and other prescribed benefits between the employees of recognized private unaided schools with employees of corresponding status in schools run by the appropriate authority. The petitioner signed the service agreement in 1978. He says that he signed the agreement as he was told by the respondents that he was being offere