DEVENDRA PRASAD SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Tarun Agrawal, Sri Vinayak Mithal, learned counsels for the petitioner, Sri Suresh C. Dwivedi, learned counsel for the second to tenth respondent, Sri Anuruddh Charan Mishra, learned Additional Chief Standing Counsel and Sri Jagdish Singh Bundela, learned Standing Counsel for the first respondent.

(2.) The State Agricultural Produce Markets Board (for short ''the Board'), a body corporate having perpetual succession and a common seal and may sue or be sued by the said name and acquire, hold and dispose of property and enter into contracts. The Board for all purposes is deemed to be a local authority. It came into existence, consequent upon the promulgation of the Uttar Pradesh Krishi Utpadan Mandi Act, 1964 (for short ''Act 1964'). The employees of the Board and the Committees (Mandi Samiti) were members of a Contributory Provident Fund Scheme (for short ''CPF Scheme'). The Board desired to grant all the employees better retiral benefits, consequently, a proposal was made by the Board in its 86th meeting vide resolution dated 23 April 1999 to extend pensionary benefits to the employees, in lieu of the existing CPF Scheme w.e.f. 1 January 1999.

(3.) Pursuant thereof, the Board reminded the State Government on 31 May 1999, requesting to expedite the proposal for grant of Pension/Gratuity Scheme to its employees. The State Government vide communication dated 11 February 2000, addressed to the Director of the Board, in principle, granted approval with certain conditions, including, that necessary amendments accordingly be carried out in the Service Regulations, thereafter, submit the Regulations to the Government with the approval of the Board. The Board, consequently, in its 91st meeting, vide resolution dated 18 January 2001, enhanced the contribution of its employees to the CPF Scheme from 8.33% to 10% w.e.f. 1 January 1999. The increased contribution was with a view to fund the pension scheme which was made effective from 1 January 1999. The employees of the Board, thereafter, have been contributing the enhanced amount to the CPF Scheme.