RASHTRIYA MANAV SANGRAHALAY Vs. RASHTRIYA MANAV SANGRAHALAY SAMITI

JUDGEMENT

(1.) THE petitioner, an Association of the employees working in the Rashtriya Manav Sangrahalaya, has filed this writ petition praying for a relief to command the respondents to continue to grant retirement benefits under GPF -cum -Pension Gratuity Scheme to all its employees to which they are entitled as per their service rules/conditions and to restrain the respondents from introducing C.P.F. Scheme in respect of all such employees. The petitioners have also prayed for setting aside the order of reference dated 12.9.1997 (Annexure P -13) and order dated 23.5.2001 (Annexure P -17).

(2.) THE facts leading to this writ petition are that the petitioners are the members of the Rashtriya Manav Sangrahalaya Samiti which is a Society registered under the Societies Registration Act (Act XXI of 1860). By a notification dated 6.4.1985 (Annexure P -2) issued by the Government of India, Department of Culture, the said Society was formed and registered in the year 1985 with the object to take over the administration and management of the National Museum of Man, Bhopal which was subordinate to the Department of Culture, Government of India. Thus, Rashtriya Manav Sangrahalaya, is an autonomous organization governed by the Rashtriya Manav Sangrahalaya Samiti with effect 15.3.1985. In pursuance of the said Notification, a circular dated 1.5.1985 (Annexure P -3) was issued whereby the services of the employees of National Museum of Man were handed over to Rashtriya Manav Sangrahalaya. All the employees opted to be absorbed in the services of the Samiti.

(3.) LEARNED Counsel appearing for the petitioners has invited my attention to the letter dated 12.9.1997 (Annexure P -13) addressed to the then President of the petitioner -Association whereby it was informed that the Ministry of Finance Government of India has recommended that C.P.F. Scheme may be introduced for the employees of the Rashtriya Manav Sangrahalaya. It is submitted that the petitioner -Association has made several representations to the respondents protesting against the contemplated withdrawal of GPF -cum -Pension Gratuity Scheme and introduction of C.P.F. Scheme but there has been no response. However, it is submitted that the GPF is still being deducted from the salaries of the employees. Counsel for the petitioner has also alleged discrimination and favouritism against the respondents inasmuch one similarly situated employee, namely, Shri Naval Jaiswal who stood retired as Assistant Curator was accorded with the pensionary benefits which has also been approved by the Under Secretary to the Government of India, Department of Culture vide order dated 23.5.2001, Annexure P -17. It is further contended that in case the prevailing GPF -cum -Pension Gratuity Scheme is withdrawn and CPF scheme is introduced in the Rashtriya Manav Sangrahalaya the same would result in detriment to the interest of the employees and once the petitioners were forced to act upon the representations made by the respondents promising that they would be entitled to retirement benefits under the GPF -cum -Pension Gratuity Scheme then the respondents are bound to fulfill such promises and they have no right to discontinue the said scheme.