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2011 Supreme(Raj) 1101

AJAY RASTOGI
Hari Kishore Sharma – Appellant
Versus
State – Respondent


Advocates Appeared
R.N. Mathur, Sr. Adv., & Ashok Gaur Sr. Adv., with Kapil Bardhar, Shashank Agrawal, H.O.P. Mathur, V.K. Mathur, Rajendra Arora, Ashok Yadav, Prahlad Sharma & Nitin Jain, for Petitioners;
S.M. Mehta, Sr. Advocate, G.C. Garg, & Ms. Sonal Singh & L.L. Gupta, for respondents-RRVPNL; Virendra Lodha, Sr. Adv. With Ankit Jain, Jag Mohan Saxena, & Shantanu Sharma, for Respondents;
Pradeep Kalwani, Addl. Govt. Counsel, for State

Judgement Key Points

What is the scope of the right to opt for Pension & GPF Scheme, 1988 for existing RSEB employees and whether failure to circulate notices properly vitiates that right? What are the standards for wide publicity and monitoring of notices inviting options, and does failure to reach individual employees violate Articles 14/16 of the Constitution? What is the authority and process required for final decisions on extending or restricting options to old RSEB employees, and can an administrative order (e.g., 12.3.1999) override or supplant Board decisions?

Key Points: - The petitioner employees seek to exercise options to switch from CPF to Pension/GPF Scheme, challenged on grounds of improper notices/publicity. (!) (!) - The Court emphasizes that pension is a right and not a bounty; failure to monitor and serve notices to remote employees violated due process and Article 14. (!) (!) - Notices dated 1989–1997 were issued, but there is contested evidence that they were not widely circulated or pasted in offices, especially in remote areas. (!) (!) (!) - Minutes/decisions of Whole Time Members (01/04/1995) and the Board’s ratification process were not properly placed before the Board; final decisions should emanate from the Board, not solely from Secretary/Chairman. (!) (!) - The Court ultimately quashes the rejection of representations and directs that eligible existing employees may exercise options under Pension/GPF Regulations, 1988, within a reasonable time. (!) (!) - The judgment references that pension/GPF benefits are socio-economic justice and not burdens on the state; various observations on need for wide publicity and equitable treatment. (!) (!) (!) - Comparative cases and principles cited: need for open opportunity and non-discrimination; failure to provide options grounds for quashing and re-opening opportunity. (!) (!) (!)

What is the scope of the right to opt for Pension & GPF Scheme, 1988 for existing RSEB employees and whether failure to circulate notices properly vitiates that right?

What are the standards for wide publicity and monitoring of notices inviting options, and does failure to reach individual employees violate Articles 14/16 of the Constitution?

What is the authority and process required for final decisions on extending or restricting options to old RSEB employees, and can an administrative order (e.g., 12.3.1999) override or supplant Board decisions?


Hon'ble RASTOGI, J.—These petitions have been filed by employees of erstwhile Rajasthan State Electricity Board ("RSEB") and presently members of Five companies came into existence after unbundling of RSEB in the year 2000.

2. RSEB was constituted on 28.6.1957. However, RSEB was dissolved in exercise of powers vested under Rajasthan Power Sector Reforms Act, 1999 through Rajasthan Power Sector Reforms Transfer Scheme, 2000 and on its unbundling, it was converted into Five Companies ad infra:

(A) Rajasthan Rajaya Vidyut Utpadan Nigam Limited, Jyoti Nagar, Jaipur ("RRVUNL")

(B) Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Jyoti Nagar, Jaipur ("RRVPNL")

(C) Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur. ("JVVNL")

(D) Ajmer Vidyut Vitran Nigam Limited, Hati Bhata, Ajmer. ("AVVNL")

(E) Jodhpur Vidyut Vitran Nigam Ltd, New Power House, Indl. Area, Jodhpur

All afore Five Electricity Companies are owned & controlled by Government of Rajasthan and its employees are absorbed in respective electricity Company on the same terms & conditions as governed while being employees of erstwhile RSEB.

3. All the writ petitioners are primarily aggrieved by the act of respon-dents in not permitting them































































































































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