LAWS(MPH)-2016-8-158

RANI DURGAWATI VISHWA VIDYALYAY PENSIONERS ASSOCIA Vs. MAHAMAHIM KULADHIPATI RANI DURGAWATI VISHWA VIDYAL

Decided On August 17, 2016
Rani Durgawati Vishwa Vidyalyay Pensioners Associa Appellant
V/S
Mahamahim Kuladhipati Rani Durgawati Vishwa Vidyal Respondents

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner association has prayed for a direction to the respondents for revising their pension in accordance with the pay scales granted by 6th Pay Commission. The revised pension and arrears arising thereto from due date is also prayed by the petitioners.

(2.) The petitioner is a registered association under the provisions of the Madhya Pradesh Registrikaran Adhiniyam, 1973. The registration certificate of the petitioner Association is filed as Annexure-P/1. The list of members for whom this petition is filed is filed as Annexure-P/2. The resolutions of association authorizing the office bearer to file this petition is filed as Annexure-P/5.

(3.) The petitioner contends that the respondent No.5-University is constituted under the Madhya Pradesh Viswa Vidyalay Adhiniyam, 1973 (hereinafter called as "Adhiniyam"). The Co-ordination Committee constituted under Section 34 of the Adhiniyam framed a Statute for the purpose of regulating grant of pension and gratuity to the employees of Rani Durgawati Viswa Vidyalay, Jabalpur. The Executive Council of the University duly approved the same. The Statute No.3 came into being w.e.f. 01.04.1987. The said Statute is filed as Annexure-P/4.