2008 Supreme(Raj) 2345
MOHAMMAD RAFIQ
S. K. Khatri – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent
Advocates:
For the Petitioner:Vigyan Shah, Advocate.
For the Respondent:Shri Mukesh Kumar Verma, Advocate.
JUDGMENT
1. - This writ petition has been filed challenging the order dated 27/5/2003 whereby the respondents have refused to permit the petitioner to opt for the pension scheme promultaged by the respondents for their employees w.e.f. 1/4/1989.
2. Shri Vigyan Shah, learned counsel for the petitioner has argued that petitioner was a substantive employee of the respondent-Corporation and he was entitled to get pension in terms of RSRTC Employees Pension Regulations, 1989 (for short, "Pension Regulations of 1989") and GPF Rules, 1989 which was notified vide notification dated 2/1/1990. It so happened that petitioner was on deptuation with the police department from 1986 to 1997. The employees were required to indicate about the necessity for pensionary benefits of CPF. Clause (iii) of the notification however provides that if no such option is furnished within the stipulated time then, Pension Rules, 1989 and GPF Rules, 1989 would mutatus mutandi apply to the employee and such employee shall be deemed to have automatically opted for Pension and GPF under the said Rules. Learned counsel also referred to the subsequent Circular issued by the respondents on 8/2/1992 clause (ii) of which,
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