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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, RAVI CHIRANIA
RFC Retired Officers And Employees Association – Appellant
Versus
State of Rajasthan through Additional Chief Secretary, Department of Industries – Respondent
JUDGMENT :
Ravi Chirania, J.
1. By this common Order, this Court is deciding the two connected writ petitions, D.B. Civil Writ Petition No.1719/2024 titled as RFC Retired Officers and Employees Association and Ors. Vs. State of Rajasthan and Ors., and D.B. Civil Writ Petition No.18016/2023, titled as Roor Mal Aswal vs. State of Rajasthan & Anr.
2. The issue involved in both the writ petitions is common, therefore, the facts are also common and the petitioners are aggrieved by the same controversy related to the issue of withdrawal of Pension Regulations in respect of Officers and Employees of the Rajasthan Financial Corporation.
3. For deciding the controversy, the facts of D.B. Civil Writ Petition No.18016/2023 are taken as lead case to decide the issue as involved.
4. The brief facts, as pointed out and noted from the pleadings of the case and as argued by learned counsel for the petitioner, Mr. Ashwinee Kumar Jaiman, are that the petitioner-Roor Mal Aswal was appointed as a Deputy Manager in the Rajasthan Financial Corporation (hereinafter referred to as ‘RFC’ for short) in the year 1980 and retired from service in the year 2014 on attaining the age of superannuation. The respondent-
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
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....
Sympathies cannot override the Rules and Regulations.
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
The court established that pension regulations set by Bangiya Gramin Vikash Bank are binding and effective from the notified date, not from the retirement date, aligning with the principles of parity....
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
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