MAULVI ANWARUL HAQ, J. --- According to the writ petition the petitioner while serving as Assistant Communication Engineer (BPS-16) in the respondent department sought more-over to the next higher stage of pay group. However, the matter was not decided till such time when he retired from service on 15.6.1998. It was on 7.11.2000 that the respondent promulgated more-over policy. The grievance being made out is that cut-out date for grant of benefits has been fixed at 15.1.2000.
2. Learned counsel for the petitioner contends that the fixing of the said specific date is discriminatory and to the detrimental of the petitioner. No one has turned up for the respondents.
3. I have gone through this file in the light of the said contention of the learned counsel. I find no force in the same. The matter came up before the Hon'ble Supreme Court in the case of I.A.
Sherwani and others v. Government of Pakistan through Secretary, Finance Division (1991 SCM R 1041). In the said case also it was urged that a specified date cannot be made the basis for classification. The Hon'ble Supreme Court held as follows:- it may be stated that as a general proposition it cannot be laid down that in no case a specified date can be made basis for classification. It will depend on the facts of each case and if the specification of a particular date is based on an intelligible differentia, which in turn has nexus to the object for which the relevant statute has been enacted such classification will be legal and valid but if the specification of a date is arbitrary or whimsical, it cannot be made basis for classification as has been held in the above case of D.S. Nakara and others v. Union of India (supra) by the Indian Supreme Court. Furthermore, a distinction is to be drawn between a case in which a date is specified for the purpose of qualifying for certain benefit under certain enactment scheme and a date which may be specified for the enforcement of a particular Taxing Statute or a Notification granting certain concession from payment of taxes and excise duty. In our view, the former category should pass the test of reasonable classification, whereas for the latter category, there is no such requirement as the Legislature, or the Government has the discretion power to fix a date for the enforcement of a particular statute or for granting certain concession in respect of tax or excise duty, and for that purpose, there cannot be any mathematical or logical way of fixing a date except that the Legislature or the Government may fix the same according to its own need and convenience."
The writ petition is accordingly found to be without any force and is dismissed in limine.