LAWS(RAJ)-2003-9-24

STATE OF RAJASTHAN Vs. BHERU LAL MENARIA

Decided On September 10, 2003
STATE OF RAJASTHAN Appellant
V/S
BHERU LAL MENARIA Respondents

JUDGEMENT

(1.) THE respondent-petitioner Bheru Lal Menaria, who was an employee of respondent non petitioner No. 2 Rajasthan Sahitya Academy filed the writ petition claiming the following reliefs:- " (b) Respondent State Government may kindly be directed to approve the various resolutions dated 1. 5. 87, 15. 4. 96, 15. 5. 98, 16. 7. 99 and 17. 7. 99 passed/resolved by the Sanchalika/saraswati Sabha of the Rajasthan Sahitya Academy, Udaipur. (c) Impugned decision communicated vide Annexure P/13 may kindly be quashed and State Government may kindly be directed to reconsider the case of the petitioner and Academy in the light of various representations after giving the opportunity of hearing to employees of the academy and its union; (d) Respondents may kindly be directed to enforce the pension scheme for the petitioner and employees of Rajasthan Sahitya Academy from the date of its first resolution/when RSR was made applicable. (e) Petitioner's pension case may kindly be prepared and sent to Pension Authority for grant of pension after his superannuation.

(2.) THE petitioner had superannuated on 30. 9. 1999.

(3.) A perusal of the order shows that it is self-contradictory in this contends. On the one hand, the learned Single Judge directed the State Government to approve all the resolutions passed by Sanchalika/saraswati Sabha of the Academy and in the next breath, it has stated that the Government shall reconsider the case of the petitioner and Academy in the light of various representations after giving an opportunity of hearing to the employees of the Academy but in the same moment, the learned Single Judge directed to prepare the case of the petitioner for grant of pension after his superannuation.