STATE OF UTTAR PRADESH Vs. PREETAM SINGH

JUDGEMENT

(1.) The Uttar Pradesh Avas Evam Vikas Parishad (hereinafter referred to as the 'Vikas Parishad') is a corporate body. It came into existence, consequent upon the promulgation of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the '1965 Act'). The employees of the Vikas Parishad were members of a Contributory Provident Fund Scheme. The Vikas Parishad desired to grant its employees better retiral benefits. A proposal was made, to extend pensionery benefits to the employees of the Vikas Parishad, in place of the existing Contributory Provident Fund Scheme. In furtherance of the aforesaid objective, a resolution dated 21.2.1995 was passed, proposing to replace the existing Contributory Provident Fund Scheme, to the Pension/Family Pension and Gratuity Scheme. Before implementation of the resolution dated 21.2.1995, the Vikas Parishad considered it expedient to consult the State Government. In response to the afore-mentioned consultation, the State Government through a communication dated 16.5.1996 approved the afore-stated substitution conditionally. The conditions depicted in the aforesaid approval dated 16.5.1996, are being extracted hereunder:

(2.) Consequent upon the receipt of the aforesaid approval from the State Government, the Vikas Parishad circulated a letter dated 9.7.1996 requiring its employees to submit their options, as to whether they were desirous of shifting to the Pension/Family Pension and Gratuity Scheme, in place of the existing Contribution Provident Fund Scheme.

(3.) At the instant juncture, a very vital letter came to be issued by the State Government on 30.09.1997. Relevant extract of the aforesaid letter is being reproduced hereunder: