PENSIONERS WELFARE SAMITI AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2016-5-2
HIGH COURT OF RAJASTHAN
Decided on May 03,2016

Pensioners Welfare Samiti And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) The instant writ petition has been preferred by the Pensioners' Welfare Samiti of the Swami Keshvanand Rajasthan Agricultural University, Bikaner for seeking following directions, which reads as under: "It is respectfully prayed that this writ petition may kindly be allowed; the impugned orders dated 19.02.2014 (Annex.8) and 14.3.2014 (Annx.9) passed by the respondent State and the University may kindly be quashed and set aside and by an appropriate writ, order or direction, the respondents may kindly be directed to: - - (i) provide regular pension to the members of pensioners Samti by creating/ releasing adequate funds therefore; (ii) the members of the pensioners Samiti and other pensioners may kindly be paid the arrears of pension along with interest as this Hon'ble Court considers just and proper; (iii) the payment of pension to the members of the pensioners Samiti may kindly be ordered to be made through Government Treasury as is provided to other pensioners of the State Government. (iv) Any other appropriate order or direction, which this Hon'ble Court considers just and proper, may kindly be passed in favour of the members of the pensioners Samiti. (v) Cost of the writ petition may kindly be awarded."
(2.) In this writ petition, interim orders were passed on 4.11.2015 and 9.12.2015 whereby certain directions were issued to the State Government for releasing the fund to pay pension to the retired employees -members of the petitioner -Samiti. Against those orders, the State Government preferred civil appeal No. 98 -99 of 2016 (SLP (C) Nos. 2606 -36027 of 2015) before the Hon'ble Supreme Court, in which the following order was passed on 8.1.2016, which reads as under: "Heard Mr. Ranjit Kumar, learned Solicitor General appearing for the appellants and Mr. M.R. Calla, learned senior counsel and Mr. Puneet Jain, learned counsel appearing for the respondents on caveat. Leave granted. The instant appeals arise out of an interim orders dated 4.11.2015 and 9.12.2015 by which the High Court created a financial obligation for the State of Rajasthan. Whether the respondent writ petitioners are entitled for any relief against the State of Rajasthan is a matter which is required to be adjudicated in the writ petition. Without such adjudication, directions such as the one passed in the impugned order creating financial commitments to the State, in our view, are not to be made ordinarily. In the circumstances, we are of the opinion that the impugned order is required to be set aside. The impugned order is accordingly set aside. However, we also deem it appropriate to request the High Court to dispose of the writ petition No. 5778 of 2014 expeditiously preferably within a period of three months from today. It is open to the parties to place their respective submissions before the High Court at the time of hearing. With these observations, the appeals stand dispose of. Pending applications, if any, stand disposed of."
(3.) In view of aforesaid order, heard learned counsel appearing on behalf of the parties to adjudicate the controversy involved in this writ petition.;


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