| Headnote |
Constitution of India-:-Article 14-Service Law-Rajasthan Service Rules 1951-Rules 261 and 268-H, Chapters XXIII and XX/II-A-Family pension-Cut off date-Rules providing for f amity pension for dependants of government servants-Liberalised optional scheme introduced by amendment in 1964-Option available to government servants who were in service on, or would enter after, 29 February, 1964-Liberalised scheme extended to all dependents from April 1, 1988-Whether cut off date, which restricted the categories of pensioners till April 1, 1988, discriminatory and violative of Article 14-Whether such rule conflicts with the principle in Nakara-Held, it is permissible to introduce different retiral benefit schemes on the basis of date of retirement-The rule is not violative of Article 14-A new retiral benefit, where the State has prescribed a date in a reasonable manner, would not be contrary to Nakara-However, State Government asked to sympathetically consider antedating the benefits under the rule.Judicial Review-Justiciability of public policy-Wisdom of policy decision of government not justiciable unless it is wholly capricious, arbitrary and whimsical or it offends any statutory provisions or the provisions of the Constitution-Constitution of India, Article 14-Rajasthan Service Rules, 1951, Rule 268-H.The Rajasthan Service Rules, 1951 provided for grant of family pension to the family of an officer who dies, whether he is still in service or has retired, where he has completed the qualifying period of service. On March 1, 1964, the rules were amended and a new liberalised family pension scheme was introduced. The government servants were given the option to choose between the old and the new scheme. This was applicable to government servants who were in service on, or would enter after, February 29, 1964.In 1965 and 1978, the benefits under the old scheme were enlarged, and on April 1, 1988, the scheme introduced in 1964 was extended to widows of government servants even where they retired or died before March 1, 1964 as also to those who had opted for the old scheme.Subsequently, the respondent, an unregistered association of retired employees of the Government of Rajasthan, moved the High Court in a writ petition contending, inter alia, that the cut of date of February 29, 1964 was discriminatory and violative of Article 14 of the Constitution; that it was in conflict with the decision in Nakara v. Union of India, AIR (1983) SC 130; and that the impugned expression prescribing the cut off date in Rule 268-H being severable, it should be struck down. The High Court upheld the challenge.Before this Court it was contended for the appellant-State that Nakara does not apply where the cut off date relates to a new retiral benefit, as in this case. For the respondent it was urged that the government servant who was in service on February 29, 1964 and who retired or died before that date constituted the same class and that the cut off date was discriminatory. |
