JUDGEMENT
B.A.Zaidi, J. -
(1.)HEARD Sri Upendra Nath Mishra, learned counsel for the petitioners, and Sri Jai Deep Narain Mathur, the learned Advocate General, assisted by Shri Ashok Shukla appearing on behalf of State of U.P. and U.P. Avas Evam Vikas Parishad.
(2.)THE petitioners, who were the employees of U.P. Avas Evam Vikas Parishad, U.P. Lucknow have filed the instant writ petition being aggrieved by the order dated 14.9.1999. During the pendency of the writ petition, the State Government passed the orders dated 13.9.2005 and 12.7.2007, which the petitioners have also challenged by bringing an amendment to the writ petition.
The learned counsel for the petitioners submits that the Avas Vikas Parishad (hereinafter referred to as the ''Parishad' ) is a statutory Corporation having excellent financial status and is in a position and capacity to pay pension to its employees through Pension Regulation Prepared under Section 95 of the U.P. Avas Vikas Parishad Adhiniyam (hereinafter referred to as the ''Adhiniyam'). He further submits that the Parishad is not taking any financial assistance from the State Government for introduction of the Pension Scheme in the Parishad and as such the impugned orders passed by the State Government are arbitrary illegal and deserves to be quashed. He further submits that the Parishad on 21.02.1995 passed a resolution for change of policy from contributory provident fund to pension/family pension and gratuity and thereafter the State Government granted "no objection" to the pension scheme by its order dated 16.5.1996.
Sri J.N. Mathur, learned counsel for the opposite parties fairly concedes that the Parishad under the provisions of Section 95 of the Adhiniyam has power to frame pension regulations as Section 95 (1)(f) of the Adhiniyam deals with condition of service.
(3.)IT is an admitted case of the parties that contributory provident fund scheme was implemented in U.P. Avas Evam Vikas Parishad through Regulation framed by the Parishad under Section 95 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The board of U.P. Avas Evam Vikas Parishad on 21.2.1995 passed a fresh resolution for change of policy from contributory provident fund to pension/family pension and gratuity and this scheme was forwarded by the Parishad to the State Government for its approval. The State Government after considering the various aspects of the matter, by its order dated 16.5.1996, granted no objection to the pension scheme initiated by the Parishad but while granting the no objection certificate, the State Government made it clear that no financial assistance will be provided to the U.P. Avas Evam Vikas Parishad by the State Government. The Parishad on the basis of no objection certificate issued by the State Government dated 16.5.1996 asked its employees for option regarding the pension scheme. The petitioners have alleged that they had given options for the pension scheme. The State Government, thereafter by the order dated 30.9.1997 decided that the Employees Provident Fund and Miscellaneous provisions Act,1952 is not applicable to the employees of the U.P. Avas Evam Vikas Parishad and the Parishad has full powers under Section 95 of the Adhiniyam to frame its own regulations regarding payment of pension to its employees and officiers. The petitioners have alleged that the Parishad in its meeting held on 5.11.1997 framed regulations in exercise of its power under Section 95 of the Adhiniyam. The relevant clauses of Section 95 of the Adhiniyam are as follows:- "95 Power to make regulation:- (1) The Board may, by notification in the Gazette, make regulations providing for:- (a)................... (b)..................... ( c) ................... (d).................... (e) ................... (f)the conditions of service of officers and servants of the Board; (g)........................ (h)..................... (i)the authority on which moneys may be paid from the Board's fund; (j)..................... (k)................... (l).................. (m)................... (n)Any other matter which is to be or may be provided for by regulations under this Act or the rules."
The pension regulations were prepared by the Parishad on the basis of the Government Rules and Regulations regarding pension, which the Parishad also approved for its implementation w.e.f. 1.1.1996. The petitioners have further alleged that the Bureau of Public Enterprises requested the Secretary, Department of Housing to implement the pension scheme by its order dated 19.11.1997 as no prior approval was taken from the Bureau of Public Enterprises.
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