- (1.) These intra-court appeals, 15 each by Maharana Pratap University of Agriculture & Technology, Udaipur and by the State of Rajasthan, arising out of 15 similar nature writ petitions and involving identical questions, have been considered together; and are taken up for disposal by this common Judgment.
(2.) The writ petitions leading to these appeals were filed either by the retired employees or the retiring employees or the family members of deceased employees of the appellant Maharana Pratap University of Agriculture & Technology, Udaipur [hereinafter referred to as 'the appellant University' or, in short, as 'MPUAT'] on their grievance against the order dated 03.06.2011 issued by the Deputy Secretary to the Government of Rajasthan in its Agriculture Department expressing disagreement with the resolutions adopted by the appellant University whereby, an opportunity was extended to its employees of stating re-option for the retiral benefits so as to switch over from the Contributory Provident Fund ['CPF'] Scheme to the Pension Scheme. The writ petitioners also stated their grievance against the consequential resolution dated 30.11.2011 whereby, the appellant University reversed its earlier decisions and withdrew the resolutions dated 07.12.2000 and 18.12.2009 giving such chance, of stating re-option, to its employees.
(3.) By the orders impugned in these appeals, the learned Single Judge of this Court has allowed the respective writ petitions and, while quashing the impugned orders and resolution, has directed, inter alia, that the appellant University shall continue with the pension/family pension to the respective writ petitioners. The learned Single Judge, in the impugned order dated 05.04.2012 has ordered and directed as under:- "18. Consequently, the present writ petitions deserve to be allowed and same are accordingly allowed. The impugned orders dated 3/6/2011 of the Deputy Secretary, Agriculture Department (Group III), Government of Rajasthan, impugned resolution No. MPUAT/BOM-31/2011-03/15 taken by the Board of Management of the respondent University on 30/11/2011 as a consequence of State Government order dated 3/6/2011 & subsequent communication dated 5/7.1.2012 passed by the Comptroller of the Maharana Pratap University of Agriculture & Technology, Udaipur are liable to be quashed and same are accordingly quashed. The respondent University shall continue to pay pension/family pension to the petitioners/their family members in accordance with the Pension Rules in pursuance of re-option already exercised by them and it is further directed that the petitioners, who are going to retire from the service of respondent University, now, their cases will also be considered accordingly for the pension.";