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DINESH MEHTA
S. S. Tak S/o Shri Tikam Singh Tak – Appellant
Versus
State Of Rajasthan Through The Chief Secretary – Respondent
ORDER :
I.A.No.01/2023 :-
Mr. Tak, the petitioner present in person submitted that having attained 80 years of age, he has already reached twilight of his life and hence, he would like to see that the issue flagged by him is brought to its logical end. While submitting that the controversy involved in the writ petition lies in a very narrow compass, he prayed that the matter be heard at an early date so that not only he, even other Members who have served the Rajasthan Public Service Commission are benefited, in case this Court holds in his favour.
Considering the age of the petitioner and the controversy involved in the case, this Court deems it appropriate to give some priority to the matter.
The application for early listing is, therefore, allowed.
The matter is taken up for consideration today itself.
S.B. Civil Writ Petition No. 12910/2016:-
1. With the consent of all the parties, the matter has been heard finally.
2. The petitioner having served Jai Narayan Vyas University as a Professor was appointed as a Member of the Rajasthan Public Service Commission (hereinafter referred to as ‘RPSC’).
3. The petitioner having joined as a Member on 10.11.1999 continued for six years till his eng
It is settled proposition of law that provisions are required to be read as they exist.
The retrospective application of an amendment affecting the pension entitlement of retired Members was held to be arbitrary and in violation of the Act and the Constitution.
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Minimum qualifying service of ten years is necessary for pension eligibility, and previous judgments establishing non-eligibility cannot be relitigated, even with changes in rules.
Vested rights cannot be retroactively revoked by legislative amendments unless explicitly stated, ensuring protection under Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
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