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
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
State of Maharashtra & Anr v. Bhagwan & Ors (2022) 4 SCC 193
Harla v. State of Rajasthan AIR 1951 SC 467
B.K. Srinivasan & Ors v. State of Karnataka & Ors (1987) 1 SCC 658
Bhikam Chand & Ors v. State & Ors AIR 1966 Raj 142
I.T.C. Bhadrachalam Paperboards & Anr v. Mandal Revenue Officer
State of Orissa & Ors v. Gopinath Dash & Ors (2005) 13 SCC 495
State of Himachal Pradesh & Ors v. Rajesh Chander Sood & Ors (2016) 10 SCC 77
State (UT of Chandigarh) v. Krishan Bhandari (1996) 11 SCC 348]
Rajendra Agricultural University v. Ashok Kumar Prasad & Ors (2010) 1 SCC 730
State of Himachal Pradesh and Ors. v. Rajesh Chander Sood and Ors (2016) 10 SCC 77
W.B. Central School Service Commission v. Abdul Halim (2019)18 SCC 39 : 2019 SCC OnLine SC 902
Satyanarayan Laxminarayan Hegde v. Millikarjun Bhavanappa Tirumale AIR 1960 SC 137
Employees of autonomous bodies cannot claim pension benefits on par with government employees unless formally adopted by the governing body.
(1) Pension – State Government and Autonomous Board/Body cannot be put on par – Court should refrain from interfering with policy decision, which might have a cascading effect and having financial im....
Denial of pension to employees of aided institutions appointed prior to promulgation of Rajasthan Civil Services (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rule....
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