KISHAN MAL LODHA, J. - (1.) THIS writ petition has been filed by the Retired Contributory Provident Fund Holders' Association, through its Chairman Shri M.R. Purohit against the State of Rajasthan under Article 226 of the Constitution on March 3, 1984. The writ petition was subsequently amended and the amended writ petition was filed on September 18, 1984.
(2.) THE members of the petitioner Association were employed in the erstwhile Princely State and they were the members of the Contributory Provident Fund Scheme, which was then prevalent in the former State of Jodhpur. After the formation of Rajasthan, they became the employees of the Government of Rajasthan and were governed by the Rajasthan Service Rules. 1951 (for short the Rules'). Under the P.F. Scheme, the members of the Contributory Provident Fund Scheme (CPF Scheme) used to give their own subscription and against this amount, equal amount was contributed by the Government. They exercised their option for PF and did not opt for pension. It appears that subsequently, the persons, who opted for pension, were put in advantageous position than the persons who were members of the CPF Scheme. The Pay Scales were revised in 1961, 1966, 1969, 1971, 1976 and lastly in 1983, and with the increase in the Pay Scale, amount of the pension has been increased, but no such corresponding benefit to the optees of the PF were given. Reference was made to the report of the Beri Pay Commission.Ex.1 contains the extract from the report of the Beri Pay Commission pages 908 to 910. A representation was submitted to the Chief Minister for an opportunity of exercising fresh option for pension. That was said to be under active consideration of the Government, as is apparent from the letter Ex. dated July 13, 1984, which was sent by the Chief Minister to the Central Minister of the State for Irrigation. It appears that the memorandum/circulars Exs. 5 8 were issued by the Finance Department of the Government of Rajasthan, by which the option in favour of pension was made open for those Government servants, who were members of the CPF Scheme and who had retired after the dates mentioned therein or who were in service on a particular date. The petitioner Association has prayed that the non -petitioner State may be ' directed to allow an opportunity to exercise the option for pension to all those employees of the Government irrespective of the date of retirement or the date on which the retired Government servant was in service or not and the memorandum/circulars Exs. 5 to 8, in so far as the dates have been mentioned therein, in respect of the retirement of the Government servants may be declared violative of Arts, 14 and 16 of the Constitution, to the extent they restrict from exercising option for the pension for already retired Government servants on the basis of the dates mentioned therein. A further relief has been claimed that the Govt. servants who had retired and did not fall within the category of the aforesaid memorandum/circulars Exs.5 to 8 the amount equal to the amount which would be difference of the amount of pension which such PF holder would have got had they opted for pension and the amount of increased pension to which they would have become entitled on account of extraordinary rise in price, may be ordered to be paid from the due date, per month. Certain other reliefs were also sought by this petition. A show cause notice was issued. In reply to the amended writ petition, non -petitioner State has opposed the writ petition on various grounds. The objection that the writ petition is not maintainable at the instance of the petitioner, which is unregistered one, was also taken. It was submitted that on formation of Rajasthan, the employees who were governed by the CPF Scheme were given opportunity to elect either for the Pension under the Pension Rules as contained in the Rajasthan Service Rules continue to be governed under the Jodhpur CPF Rules. Those who opted for the pensionary benefits came over to the pension scheme contained in the Rajasthan Service Rules, while those who did not exercise this option, retired with CPF benefits. It was submitted that the persons who opted for CPF Scheme at the time of retirement, were paid lump sum amount at one time in full settlement of their claims for the services rendered in the State as per the provisions of the CPF Scheme and they are now estopped from saying that the opportunity should be given to them and further that having taken benefit of the CPF Scheme are now estopped from challenging the same on the grounds alleged by the petitioner Association. It was submitted that the circulars/memos Exs. 5.6 and 7 relate to the existing Government servants who had not retired till then and Ex. 1 was made effective from the date the liberalized Pension Rules came into force. Along with the reply to the show cause notice of the amended writ petition; (1) extract taken from the RSR (Ex. Rl/1); (2) copy of the memorandum No. F1 (FD (Kha)(8) FD (Gr. 2)/77 dated March 1, 1979 (Ex. R/1/2); (3) copy of the memorandum No. F. 1 (Kha)(8)FD (Gr.2)/77 dated March 5, 1980( Ex.R1/3); (4) Memorandum No. F.1 (53) F. 2 (Gr.) 82 -1 dated February 17. 1983 Ex. R/1/4); (5) Extract taken from RSR. Rules 169 and 179(Ex. R/2); (6) copy of Order No. Fl(42)FD(F.xp -Rules) 67 -1V dated June 13,1967 (Ex. R/3); (7) copy of office memorandum dated November 29, 1969 (Ex. R/4) were filed.
(3.) REJOINDER to the reply filed by the non -petitioner, was filed on behalf of the petitioner Association controverting the pleas taken in the reply. Along with the rejoinder, the copy of the memorandum dated September 26, 1964 (Anx, 9) : memo dt, May 9, 1969 (Anx. 10) and memo dated January 22, 1975 (Anx. 10) were filed. On behalf of the non -petitioner reply to the rejoinder was submitted reiterating the stand taken in the reply to the writ petition.;