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2023 Supreme(Raj) 37

ANOOP KUMAR DHAND
Rajasthan Pradushan Niyantran Mandal Karmchari Sangh (Rajasthan Pollution Control Board Employees Association) – Appellant
Versus
Rajasthan State Pollution Control Board through its Chairman – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.N. Mathur, Sr. Advocate with Mr. Prateek Mathur, Adv. Mr. Mahendra Shah, Sr. Advocate with Ms. Sarah Sharma Mr. Navin Chandra Mishra, Adv. Mr. Utkarsh Dubey, Adv. Ms. Ashish Joshi, Adv. Ms. Mamta, Adv. Mr. Jai Kumar, Adv. Ms. Anjum Praveen, Adv. Ms. Sejal Sharma, Adv. Mr. Siddharth Lamour, Adv.
For the Respondent:Major RP Singh, (Sr. Advocate) AAG with Mr. Jai Vardhan Singh Shekhawat, Adv. Mr. Lakshay Dadhich, Adv. Mr. Akhil Simlote, Adv.

JUDGMENT ;

All these writ petitions in the bunch of cases, are involving identical questions of law and are based on same set of facts. Therefore, with the consent of the learned counsels, the matters are taken up for final disposal. S.B. Civil Writ Petition No. 10139/2007 is taken up as the lead case, for deciding all these connected petitions.

(1) The issues involved in these petitions are :

    (i) Whether Rajasthan State Pollution Control Board Employees Pension Regulations, 1994 (for short “the Regulations 1994”) can be given effect without its publication in the Official Gazette?

    (ii) Whether the court should refrain from interfering with the policy decision, which might have a cascading effect and having financial implications?

(2) Before answering the above issues, it is necessary to quote the prayer made in S.B. Civil Writ Petition No. 10139/2007, which reads as under :- “It is, therefore, prayed that the respondent-Board may be directed to produce the entire record related to pension scheme for the employees of the Rajasthan State Pollution Control Board. After perusal of the complete record, pleadings and submissions, a writ of mandamus or any other appropriate writ, order or


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