RAJASTHAN RAJYA VIDHYUT PRASARAN NIGAM LTD Vs. RAJASTHAN RAJYA VIDHYUT MANDAL SEWA NIVRAT KARAMCHARI SANGH

JUDGEMENT

(1.) THESE two appeals have been filed by Vidhyut Nigam, and the State, against the order of the learned Single Judge dated 1. 3. 2006, passed in S. B. Contempt Petition No. 220/1997. The order is sought to be challenged in both the appeals, on a common ground, of the order having the effect of enlarging the scope of the original order, for the disobedience whereof, the contempt petition was filed. It is contended, that this was not within the permissible scope of the contempt jurisdiction. The learned counsel relies upon a judgment of this Court, rendered by the Division Bench, presided by the same learned Judge, who has passed the impugned order, being in University of Rajasthan vs. Dr. S. C. Gupta, reported in 2007 (4) WLC (Raj.) 600.

(2.) LEARNED counsel for the respondent, on the other hand, supported the impugned order, firstly, on the ground, that the order of the learned Single Judge dated 2. 5. 1997, for disobedience whereof, the contempt petition was filed, did clearly comprehend the relief, as is granted by the impugned order in the contempt proceedings, and secondly, in any case, when the employer itself has given identical treatment to other persons, if the learned Single Judge directed for giving identical treatment, confining it to these 14 employees, no interference is required to be made, even on equitable considerations. The maintainability of the present appeal was also questioned.

(3.) IN the present case, a look at the order dt. 2. 5. 1997 does show, that though the order was passed relying upon the earlier judgment in RSEB Retired Employees Association vs. Rajasthan State Electricity board, reported in 1992 (1) RLR 346, and other circumstances. However, the writ petition was allowed in the following manner: &nbsp&nbsp&nbsp&nbsp&nbsp" Accordingly, this petition is allowed to the extent that the members of the petitioner's Association whose names are mentioned in Schedule A and B who were permanently transferred to the Rajasthan State Electricity Board and who were alive on 17. 10. 87 and are entitled to opt for payment of pension on the basis of the period spent by them in Govt. service from the date they entered into the service of erstwhile Jodhpur State till the date of the permanent absorption with the Board. They are further entitled to all other retiral benefits according to the rules. The amount of Govt. contribution towards their Contributory Provident Fund account plus interest paid thereon and other retirement benefits already paid to them shall be adjusted against their pensionary and other retirement benefits payable to them in pursuance of exercise of option as per this order. The widows of such CPF holders who have expired before 17. 10. 87 will not be entitled to family pension, but they will be entitled to get ex-gratia payment @ 150/- per month w. e. f. 1. 11. 91 in addition to the admissible dearness allowance. However, it is clarified that the members of the petitioner's association who were directly appointed with the Rajasthan State Electricity Board will not be entitled for the aforesaid benefit. . . . . . . . . . . . "