Honble LAKSHMANAN, CJ.–Heard Shri G.S. Bapna for the appellant. The respondent herein filed the writ petition with the following main prayers:

(i) By an appropriate writ, order or direction the respondents be directed to release the amount of Rs. 21876/- illegally withheld by them towards interest on principal amount of C.P.F. with all consequential benefits and interest.

(ii) In the alternative by an appropriate writ, order or direction the respondents be directed to pay interest on the arrears of pension payable to petitioner @ 12% per Annum as shown in Annex.(3).

(2). The short facts which compel the respondent to file the writ petition are as that the Rajasthan Khadi Gramodyog Board (for short `the Board) introduced a scheme of Contributory Provident Fund in respect of employees in which the employee as well as the employer contributed as per the scheme. The State Government introduced the pension scheme for the first time vide order dated 11.9.1989. It was made clear in the scheme that the aforesaid scheme will be applicable in respect of those employees who retired on or after 1.9.88. The respondent Ram Pal Karadia retired from service on 30.1.1988 and as such, he was not covered by the aforesaid pension scheme formulated by the State Government and the benefits under the pension scheme were not given to him and benefits under the C.P.F. Scheme were given to him in which the share of the employer was to the extent of Rs. 29, 931 which was paid to him at the time of retirement by the Regional Provident Fund Commissioner. The respondent and others filed writ petition before this Court claiming that the retirement benefits should be given to those employees who retired on or after 28.1.83. The writ petition came to be allowed by this Court on 9.8.1991. The operative portion of the order is reproduced hereunder:-

``in the result, the writ petitions are allowed. It is declared that fixation of date 1.9.1988 as the date of application of the pension scheme is arbitrary and violative of Arts. 14 & 16 of the Constitution of India. It is declared that the pension scheme should be treated as applicable to all employees who retired on or before 28.1.1983 when the Board has sanctioned the sending of pension scheme to the Government. The petitioners are entitled to be governed by the pension scheme. Respondents are accordingly directed to issue necessary orders for payment of pension to the petitioners. Similarly situated persons may be given option to accept pension scheme within a period of four months from the date of presentation of copy of this order.

(3). In compliance of the judgment of this Court, the Board had issued an order on 2.11.1992 giving effect to the judgment of the this Court and it was ordered that the employees who retired after 28.1.1983 should also be given the benefit in place of CPF Scheme. In pursuance to the judgment of this Court, the respondent No. 1 gave his option for pension scheme. Keeping in view of the directions of the State Government contained in its order dated 2.11.1992 giving benefit of the Pension Scheme to the employees who retired on or after 28.1.1983 including the respondent No. 1. Since the respondent No. 1 had received the employers contribution of Rs. 29,931/- in 1988 he was required to refund the same along with interest @ 12% which was calculated to be Rs. 21, 876/-. The amount which was payable to the respondent No. 1 pursuant to the judgment of this Court and the order of the State Government, as arrears of pension was calculated to Rs. 70, 924/-. The appellant Board deducted Rs. 51, 807/- which was recoverable from the respondent No. 1 and the balance amount was paid to him in the year 1983. The respondent No. 1 filed the present writ petition with the prayers which have been extracted above. The learned Single Judge allowed the writ petition and directed the appellant to pay the respondent No. 1 Rs. 21876/-. Being aggrieved with the aforesaid judgment of the learned Single Judge, the

Click Here to Read the rest of this document