M.L. Bhat

1. Heard the learned counsel for the parties.

2. The petitioner's case is that he is not allowed the benefit of service in a Private School on the basis of some Government order by which the previous Government order was superseded and it was desired that those, who retired between 13-6-1979 and 10-1-1986, shall only be given pensionary benefit by including their previous service in non-government institutions, in case they have deposited the shares of the employer towards the Provident Fund etc. The Govt., order, therefore, makes it possible only for those persons, who have retired between 13-6-1979 and 10-1-1986 to get the benefit of previous service in non-government institutions and it excludes the others from such benefits. The classification would mean that anybody, who has retired before 13-6-1979 or after 10-1-1986 will not be given the benefit of service in non-government institution. The classification made by the State on the basis of dates of retirement among the retired government servants does not appear to be reasonable and is opposed to the guarantees contained in Article 14 of the constitution.

The Supreme Court in the case of D. S. Nakara, report