HARI KISHORE SHARMA Vs. STATE
LAWS(RAJ)-2011-10-23
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on October 21,2011

HARI KISHORE SHARMA Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) These petitions have been filed by employees of erstwhile Rajasthan State Electricity Board ("RSEB") and presently members of Five companies came into existence after unbundling of RSEB in the year 2000. RSEB was constituted on 28.6.1957. However, RSEB was dissolved in exercise of powers vested under Rajasthan Power Sector Reforms Act, 1999 through Rajasthan Power Sector Reforms Transfer Scheme, 2000 and on its unbundling, it was converted into Five Companies ad infra: (A) Rajasthan Rajaya Vidyut Utpadan Nigam Limited, Jyoti Nagar, Jaipur ("RRVUNL") (B) Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Jyoti Nagar, Jaipur ("RRVPNL") (C) Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur ("JWNL") (D) Ajmer Vidyut Vitran Nigam Limited, Hati Bhata, Ajmer ("AWNL") (E) Jodhpur Vidyut Vitran Nigam Ltd., New Power House, Indl. Area, Jodhpur All afore Five Electricity Companies are owned & controlled by Government of Rajasthan and its employees are absorbed in respective electricity Company on the same terms & conditions as governed while being employees of erstwhile RSEB.
(2.) All the writ petitioners are primarily aggrieved by the act of respondents in not permitting them to exercise their options for pension & GPF under the Scheme of Regulations, 1988 in place of CPF Scheme of which they have been members on their entry into service of RSEB, since Contributory Provident Fund Scheme ("CPF Scheme") was made effective on its employees being appointed on or after 01.7.1957 and after constitution of RSEB, since there was only CPF scheme obviously they became member of CPF Scheme.
(3.) Instant petitioners were appointed on various posts in the erstwhile RSEB which was a statutory body created by the Act of the State for performing the work of generation, transmission & distribution of electricity in the State of Rajasthan. Recruitment & service conditions of its employees were governed by Rules & Regulations framed by RSEB.;


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