PREETAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Upendra Nath Mishra, learned counsel for the petitioners, and Sri Jai Deep Narain Mathur, the learned Advocate General, assisted by Shri Ashok Shukla appearing on behalf of State of U.P. and U.P. Avas Evam Vikas Parishad.

(2.) THE petitioners, who were the employees of U.P. Avas Evam Vikas Parishad, U.P. Lucknow have filed the instant writ petition being aggrieved by the order dated 14.9.1999. During the pendency of the writ petition, the State Government passed the orders dated 13.9.2005 and 12.7.2007, which the petitioners have also challenged by bringing an amendment to the writ petition.

(3.) IT is an admitted case of the parties that contributory provident fund scheme was implemented in U.P. Avas Evam Vikas Parishad through Regulation framed by the Parishad under Section 95 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The board of U.P. Avas Evam Vikas Parishad on 21.2.1995 passed a fresh resolution for change of policy from contributory provident fund to pension/family pension and gratuity and this scheme was forwarded by the Parishad to the State Government for its approval. The State Government after considering the various aspects of the matter, by its order dated 16.5.1996, granted no objection to the pension scheme initiated by the Parishad but while granting the no objection certificate, the State Government made it clear that no financial assistance will be provided to the U.P. Avas Evam Vikas Parishad by the State Government. The Parishad on the basis of no objection certificate issued by the State Government dated 16.5.1996 asked its employees for option regarding the pension scheme. The petitioners have alleged that they had given options for the pension scheme. The State Government, thereafter by the order dated 30.9.1997 decided that the Employees Provident Fund and Miscellaneous provisions Act,1952 is not applicable to the employees of the U.P. Avas Evam Vikas Parishad and the Parishad has full powers under Section 95 of the Adhiniyam to frame its own regulations regarding payment of pension to its employees and officiers. The petitioners have alleged that the Parishad in its meeting held on 5.11.1997 framed regulations in exercise of its power under Section 95 of the Adhiniyam. The relevant clauses of Section 95 of the Adhiniyam are as follows:- "95 Power to make regulation:- (1) The Board may, by notification in the Gazette, make regulations providing for:- (a)................... (b)..................... ( c) ................... (d).................... (e) ................... (f)the conditions of service of officers and servants of the Board; (g)........................ (h)..................... (i)the authority on which moneys may be paid from the Board's fund; (j)..................... (k)................... (l).................. (m)................... (n)Any other matter which is to be or may be provided for by regulations under this Act or the rules."