D.G.R. Patnaik, J. - (1.) HEARD .
(2.) THE petitioners in this writ application, who were appointed as Professors under the respondent Regional Institute of Technology and have retired from service on the post, have prayed for issuance of a writ in the nature of mandamus commanding upon the respondents 2 and 3 to implement the Triple Benefits Scheme i.e. the General Provident Fund -cum -Pension -cum -Gratuity Scheme and extend them the benefits thereof, with effect from 6.9.1999 which was the date when the scheme was notified after approval by the then State of Bihar. The petitioner No. 1 having died during the pendency of this writ application, his widow Ratna Prabha being the surviving legal representative, has been substituted in his place. The case of the petitioners is that the respondent Regional Engineering College was established as a Society Registered under the Society Registration Act and it was under the general superintendence of the Board of Governors comprising of elected and nominated members, as per Rule -6 of the Memorandum of Association. The nominees included three nominees of the State Government and three nominees of the Central Government besides other officials. The service conditions, as applicable to the State Government employees and the University Rules as applicable to the University to which the respondent RIT was affiliated, was made applicable to the teaching and non -teaching staff of the respondent Engineering College. The service condition also included the benefits of retirement/Gratuity, General Provident Fund and Contributory Fund. This fact has been affirmed by the Central Government by its Circular No. 27572 and reiterated before this Court in a previous writ application vide CWJC No. 607 of 2000 [Chandra Prabha Devi v. Regional Institute of Technology and Ors.]. The Board of Governors of the respondent RIT at its 72nd meeting held on 17.6.1992, adopted a resolution making the Triple Benefits Scheme applicable to those employees of the Institute who were to retire on and after 1.4.1992. A corresponding notification was issued on 22.9.1992 by the respondent RIT, by which the individual employees were not only informed about the resolution, but also allowed to exercise their option for availing the benefits of the Triple Benefits Scheme. The notification also indicated that the option once exercised, will be treated as final and the employee would not be allowed to retract from his option. The resolution though adopted and notified by the respondent RIT, had however, stipulated that the implementation of the resolution would be subject to the approval of the State Government and the Central Government. This was for the reason that the mandatory contributions were to be made in the ratio of 50 -50 between the Central and the State Government.
(3.) WHEN the approval of the State Government was being delayed, the petitioners filed a writ application before this Court vide CWJC No. 27 of 1998 (R) for issuance of a direction upon the State Government to take a prompt decision for approval of the aforesaid resolution adopted by the Board of Governors of the RIT. The writ application was disposed of by this Court vide order dated 29.7.1998, directing the respondent State of Bihar to pass an appropriate order within three months from the date of passing of the judgment. The court while disposing of the writ application, had observed that as per the counter -affidavit of the respondent State, only a formal approval was needed by the State Government to implement the decision of the Board of Governors of the respondent RIT. Despite direction of the court when there was further delay on the part of the State Government to approve and implement the decision of the Board of Governors, the petitioners filed a contempt application and it was only thereafter, the State of Bihar approved the resolution and notified that the Triple Benefits Scheme would be made applicable but with effect from the date of the notification i.e. 6.9.1999.;