1999 Supreme(Raj) 952
SHIV KUMAR SHARMA
Navraran Mal Nagori – Appellant
Versus
Board of Secondary Education, Ajmer – Respondent
JUDGMENT
1. - The petitioner has approached this court with a prayer to declare Regulation 4(Ja)(2) of the Board of Secondary Rajasthan (sic Education ?) Employees Pension Regulations 1990 and to quash the orders whereby the petitioner was not allowed to change his option.
2. In exercise of powers conferred under section 21(4) and 36(1) of the Rajasthan Secondary Education Act, 1957 the respondent Board of Secondary Eduation (for short the Board) framed Board of Secondary Rajasthan (sic Education ?) Employees Pension Regulations 1990 (for short the pension regulations). The said regulations were made effective from April 1, 1990. Prior to promulgation of aforesaid Pension Regulations only the Provident Fund Scheme was prevailing in the Board. Employees who entered in the services of the Board on or after April 1, 1990 were automatically covered under the Pension Regulations. The Board vide letter dated Feb. 27, 1991 (Ex 1) has given an option to its employees who were already in service on April 1, 1990 either to retain the benefits of the Provident Fund or to switch over to pensionary benefits. Option once submitted was to be treated as final in view of proviso to Regulation 4 Qa)
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