- (1.) BY order dated 1.10.2014, learned Single Bench directed appellant State of Rajasthan to release a fund of Rs. 8.00 crores immediately to ensure payment of the arrears of pension, subject to final decision of the writ petition to members of the respondent petitioner association.
(2.) THE argument advanced by learned Additional Advocate General Dr. P.S. Bhati, while questioning correctness of the interim direction given, is that as per provisions of the University Pension Regulations, 1990 (hereinafter referred to as 'the Regulations of 1990'), the responsibility to make payment of pension to the members of the respondent petitioner association is upon Swami Keshvanand Rajasthan Agricultural University, Bikaner, therefore, no liability could have been fastened with the State of Rajasthan. It is pointed out by learned Additional Advocate General that though necessary compliance of the directions given has already been made but the principles for fastening liability through interim orders is required to be settled and further the amount paid to the University by the State is required to be secured by appropriate directions of this Court.
(3.) ON the other hand, stand of the counsel for the respondent association is that after implementation of the directions given by Single Bench, no need exists to examine the matter on merits. From perusal of the record it reveals that learned Single Bench desired compliance of the order within a period of ten days and this appeal was presented on 7.10.2014 and was listed before the Court on 14.10.2014. The State looking to the time period given under the order dated 1.10.2014 and also keeping in mind the hardship that could have been caused to members of the petitioner association, considered it appropriate to honour the interim directions, subject to final decision of the instant appeal. In such circumstances, we are of the view that the issue sought to be agitated deserves consideration on merits.;