1. Leave granted.
2. Heard learned Counsel for the parties;
3. The short question which arises for our consideration is whether the respondent who is a retired Medical Officer of the Railway is entitled to Complimentary Passes. Such claim of the respondent was not accepted by the Railway Administration on the ground that the rules relating to grant of Complimentary Passes after superannuation require that the concerned employee has rendered minimum 20 years' of actual service. Admittedly, the respondent has not rendered 20 years' actual service. The respondent has been given the benefit of superannuation pension by extending the length of service on the basis of Rule 2423-A (C.S.R. 404-B). It appears to us that the benefit of such rule for superannuation pension is confined to case of superannuation pension and not for the purpose of extending the period of actual service for getting complimentary passes after retirement on superannuation.
4. The contention of the learned Counsel for the respondent is that if in (he case of voluntarily retirement the benefit of extension of five years' service is given for the purpose of issuing complimentary passes, such benefit ought to be given to the person who has retired on attaining the age of superannuation and the rule discriminating between employee retiring on superannuation and employee retiring voluntarily in the matter of eligibility of getting complimentary passes after retirement offends Articles 14 and 16 of the Constitution and must be struck down for such discrimination. In our view, there is no question of discrimination because an employee voluntarily retired and retired on superannuation is not similarly circumstanced. The person who has retired on attaining the age of superannuation has been treated separately and for him benefits have been given by way of superannuation pension by notionally extending the period of service as already indicated. Such benefit of pension has not been given to employee voluntarily retired. Since employee retired on superannuation and retired voluntarily is not similarly circumstanced the different rule if any, for complimentary pass after retirement cannot be held to be discriminatory so that the rule requires to be struck down. We, therefore, allow this appeal and set aside the order passed by the Tribunal.