LPA No. 521 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 521 of 2011 (O&M) Date of Decision: July 21, 2011 Mr. Baldev Vig and others …Appellants Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Sunil Panwar, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The short issue raised in the instant appeal filed under Clause X of the Letters Patent is whether cut off date i.e. 01.04.1995 fixed for extending the benefit of pension under the Maharshi Dayanand University Employees Pension Scheme, 1997 (for brevity '1997 Scheme') suffers from the vice of arbitrariness and discrimination as contemplated under Article 14 and 16(1) of the Constitution. The learned Single Judge has upheld the constitutional validity of fixing of cut off date of 01.04.1995. The appellants have retired from service of the University between August 1992 to September 1994 under the Contributory Provident LPA No. 521 of 2011 (O&M) -2- Fund Scheme (for brevity 'the CPF Scheme') and the 1997 Scheme has come into operation much later w.e.f. 01.04.1995. The learned Single Judge has rightly placed reliance on a plethora of judgments of Hon'ble the Supreme Court to conclude against the retirees earlier to the cut off date of 01.04.1995. The view of the learned Single Judge is also supported by a judgment of the Constitution Bench of Hon'ble the Supreme Court rendered in the case of Krishena Kumar v. Union of India (1990) 4 SCC 207. The aforesaid Constitution Bench has been followed and applied by a Full Bench judgment of this Court rendered in the case of Sher Singh Ghumman v. State of Haryana 1992 (1) SLR 14. 2. In view of the settled position of law by the authoritative judgments, it is not possible to us to admit the appeal. 3. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE July 21, 2011 Atul