NARENDRA NARAYAN RAY AND KRISHNA DEO SINHA Vs. THE STATE OF JHARKHAND THROUGH ITS SECRETARY TO THE DEPTT. OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF JHARKHAND AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THE petitioners in this writ application, who were appointed as Professors under the respondent Regional Institute of Technology and have retired from service on the post, have prayed for issuance of a writ in the nature of mandamus commanding upon the respondents 2 and 3 to implement the Triple Benefits Scheme i.e. the General Provident Fund -cum -Pension -cum -Gratuity Scheme and extend them the benefits thereof, with effect from 6.9.1999 which was the date when the scheme was notified after approval by the then State of Bihar. The petitioner No. 1 having died during the pendency of this writ application, his widow Ratna Prabha being the surviving legal representative, has been substituted in his place. The case of the petitioners is that the respondent Regional Engineering College was established as a Society Registered under the Society Registration Act and it was under the general superintendence of the Board of Governors comprising of elected and nominated members, as per Rule -6 of the Memorandum of Association. The nominees included three nominees of the State Government and three nominees of the Central Government besides other officials.

(3.) WHEN the approval of the State Government was being delayed, the petitioners filed a writ application before this Court vide CWJC No. 27 of 1998 (R) for issuance of a direction upon the State Government to take a prompt decision for approval of the aforesaid resolution adopted by the Board of Governors of the RIT.