BINA SRIVASTAVA Vs. THE RAJASTHAN AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India seeking a writ to allow the petitioner to opt for pension scheme and at the same time, holding Notification dated 17.8.1991 and circular dated 31.7.1996 as non -est.

(2.) THE brief facts leading to the filing of the present writ are to be noticed. The petitioner was appointed in the respondent -University, namely, Rajasthan Agricultural University, Bikaner in May, 1998 and is to retire in the year 2020. On 17.8.1991 the Comptroller of the Rajasthan Agriculture University, Bikaner issued a Notification in pursuance of Government Order dated 6.6.1991 to allow implementation of a Pension Scheme for the employees of the respondent -University. As per this Notification, all employees who were in service on 1.1.1990 had to exercise an option either for continuing under the existing Contributory Provident Fund Scheme (the C.P.F. Scheme for short) or give their option for the Pension Scheme. The option was to be exercised in writing within three months from the date of said Notification. It was mentioned in the Notification that option once exercised would attain finality and would be irrevocable. The benefit of this option was also made available to the retired employees provided they were willing to refund their contributory provident fund benefits.

(3.) THEREAFTER various disputes arose between the teachers/employees of the University and the administration of the respondent - University. One of the demands was that the option form under the notification dated 17.8.1991 should be re -filled and those employees, who had already opted and exercised their option for the C.P.F. Scheme, should be allowed to switch over to the Pension Scheme. A settlement was arrived at between the management and the employees of the Union on 26.9.2000, wherein in principle it was agreed that the option form should be re -filled and the employees should be given an opportunity to opt for the Pension Scheme.