Ashwani Kumar Mishra, J. - (1.) Petitioners are retired employees of U.P Avas Evam Vikas Parishad, a statutory authority constituted under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Adhiniyam 1965"), who have approached this Court for a direction upon the respondents to revise their pay as per Sixth Pay Commission w.e.f. 1.1.2006, and release consequential difference of salary till their retirement, and also fix their pension and gratuity etc. at par with the employees of State Government. Prayers made in this petition reads as under:- "(i) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to redetermine the salary of the petitioners till their retirement and thereafter their pensionary benefits on the basis of Sixth Pay Commission Recommendation w.e.f. 1.1.2006. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to apply the provisions of the Government Order No. 1508 dated 8.12.2008 on the employees and officers of the Parishad, while suitably reading down the restrictive provisions about its application on the employees of U.P. Awas Evam Vikas Parishad in view of the Pension Regulations dated 19.5.2009 read with judgment and order of the Hon'ble Apex court dated 23.9.2014. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to redetermine/re-fix the salary of the petitioners in terms of Sixth Pay Commission Recommendation w.e.f. 1.1.2006 till their retirement and thereafter redetermine their pensionary benefits as per revised last pay dran and pay arrears of salary and revised pensionary benefits from the date of their retirement till date in accordance with G.O. dated 8.12.2008, after deducting the amounts already paid towards pensionary benefits of the petitioners, within a period of 2 months. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to grant the benefits of maximum gratuity of Rs. 10 lac to the petitioners as per Government Order dated 8.12.2008. (v) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay arrears of salary & pensionary benefits calculated in terms of the Sixth Pay Commission Recommendation, including enhanced gratuity of Rs. 10 lacs, along with payment of interest at the prevailing Bank rates, within a period of 2 months. (vi) to issue an ad-interim mandamus to the respondent authorities to pay the current pension of the petitioner in terms of Sixth Pay Commission Recommendation ."
(2.) Section 95 of the Adhiniyam contemplates framing of regulations by the Board to regulate specified functions including conditions of service of officers and servants of the Board. Relevant extract of Section 95 of the Adhiniyam is reproduced: "95. Power to make regulations- (1) The Board may, by notifiction in the Gazette, make regulations providing for- ...... (f) the conditions of service of officers and servent of the Board; ...... (i) the authority on which moneys may be paid from the Board's fund; ...... (n) any other matter which is to be or may be provided for by regulations under this Act or the rules.
(3.) On 21.2.1995, the Board of Parishad passed a resolution for change of policy from Contributory Provident Fund to Pension/Family Pension and Gratuity Scheme. This resolution was forwarded to the State Government for its approval. By the order issued on 16.5.1996, the State Government granted no objection to the Scheme. It was, however, clarified by the State while granting no objection that financial assistance will not be provided to the Parishad by the State Government. On the basis of State's no objection, the Parishad asked its employees for option to opt under the Pension Scheme. Being beneficial in nature, the employees of the Parishad voluntarily extended option for the Pension Scheme. A decision thereafter was taken by the State on 30th September, 1997, stating that provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952, was not applicable upon the employees of the Parishad, and that the Parishad has full powers to frame its own regulations regarding payment of pension for the employees. The Parishad accordingly framed Pension/Family Pension/Gratuity Regulations for its employees in the meeting of the Parishad held on 5.11.1997. It is at this stage that an issue was raised regarding implementation of New Pension Regulations on the ground that approval was not taken from the Bureau of the Public Enterprises, and the implementation of Scheme was stalled and the matter was referred to the Cabinet for a decision. A Committee was constituted by Cabinet on 17.6.1998, which resolved on 2.2.1999 that as Parishad has sufficient financial means available, as such, the New Pension Scheme could be implemented.;