A. S. JHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These intra court appeals are directed against the common order dtd. 4/1/2022 passed by the learned Single Bench of this Court rejecting the writ petitions preferred by the petitioners appellants for assailing the order dtd. 1/8/2019 passed by the respondents Maharana Pratap University of Agriculture and Technology (hereinafter referred to as 'the MPUAT') whereby, payment of pension being made to the petitioners was stopped.

(2.) The controversy in brief may be summarized as below:-

(3.) Shri Vikas Balia, learned Senior Counsel assisted by Shri S.S. Rathore, Advocate representing the appellants, vehemently and fervently urged that it was clearly indicated in the Pension Scheme that those employees, who did not submit the consent forms, would be deemed to have opted for the Pension Scheme. The respondents themselves accepted the position that the petitioners appellants had not submitted their consent forms to opt for the CPF Scheme and as a consequence, they were treated under the Pension Scheme. However, without any justification and in gross violation of the principles of the natural justice, the respondents passed the order dtd. 1/8/2019 stopping pension being paid to the petitioners as per their right under the Pension Scheme. Shri Vikas Balia further urged that the option form on which, the respondents placed reliance, was not prepared in accordance with the mandatory requirement of the Pension Scheme, 1991 and thus, the respondents were precluded from digging out the invalid option forms and stopping the pension being paid to the petitioners for almost two decades. Shri Balia submitted that the option to remain under the CPF Scheme was not submitted in the form provided under the scheme and thus also, the respondents acted illegally in resorting to the said option form after a delay of nearly 18 years. In support of his contentions, Shri Balia has placed reliance on the following judgments: