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1 in the HIGH COURT of JUDICATURE for RAJASTHAN D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 1 IN THE HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: [1] D.B. Civil Special Appeal [W] No.431/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. A.N.Mathur & Ors. ... [2] D.B. Civil Special Appeal [W] No.442/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dr.HL Choudhary & Anr. ... [3] D.B. Civil Special Appeal [W] No.443/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Smt. Asha Devi & Ors. ... [4] D.B. Civil Special Appeal [W] No.444/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dr.A.K.Kurchania & Anr. ... [5] D.B. Civil Special Appeal [W] No.445/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Ashok Kumar Gupta & Anr. ... [6] D.B. Civil Special Appeal [W] No.446/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Mohini Choudhary (Man) & Anr. ... [7] D.B. Civil Special Appeal [W] No.447/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Mrs. Sumitra Dhabai & Ors. ... [8] D.B. Civil Special Appeal [W] No.492/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. KP Alexander & Anr. ... D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 2 [9] D.B. Civil Special Appeal [W] No.493/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. S.N. Sodani & Ors. ... [10] D.B. Civil Special Appeal [W] No.547/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dr.KR Varghese & Anr. ... [11] D.B. Civil Special Appeal [W] No.548/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Padam Singh Choudhary & Anr. ... [12] D.B. Civil Special Appeal [W] No.549/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Durga Singh & Ors. ... [13] D.B. Civil Special Appeal [W] No.494/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dr.Meenu Srivastav & Anr. ... [14] D.B. Civil Special Appeal [W] No.495/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dr.Rakesh Shah & Ors. ... [15] D.B. Civil Special Appeal [W] No.496/2012 Maharana Pratap University of Agriculture & Technology, Udaipur Vs. TW Shankaran & Anr. ... [16] D.B. Civil Special Appeal [W] No.633/2012 State of Rajasthan Vs. A.N. Mathur & Ors. .. [17] D.B. Civil Special Appeal [W] No.663/2012 State of Rajasthan Vs. Smt. Asha Devi & Ors. .. [18] D.B. Civil Special Appeal [W] No.664/2012 State of Rajasthan Vs. Padam Singh Choudhary & Anr. ... [19] D.B. Civil Special Appeal [W] No.665/2012 State of Rajasthan Vs. Dr.KA Varghese & Anr. ... D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 3 [20] D.B. Civil Special Appeal [W] No.667/2012 State of Rajasthan Vs. Dr.Meenu Srivastav & Anr. ... [21] D.B. Civil Special Appeal [W] No.668/2012 State of Rajasthan Vs. Dr.Rakesh Shah & Ors. ... [22] D.B. Civil Special Appeal [W] No.671/2012 State of Rajasthan Vs. TW Shankaran & Anr. ... [23] D.B. Civil Special Appeal [W] No.672/2012 State of Rajasthan Vs. Dr. AK Kurchania & Anr. ... [24] D.B. Civil Special Appeal [W] No.673/2012 State of Rajasthan Vs. Durga Singh & Ors. ... [25] D.B. Civil Special Appeal [W] No.693/2012 State of Rajasthan Vs. Ashok Kumar Gupta & Anr. ... [26] D.B. Civil Special Appeal [W] No.694/2012 State of Rajasthan Vs. Mohini Choudhary (MAN) & Anr. ... [27] D.B. Civil Special Appeal [W] No.695/2012 State of Rajasthan Vs. Dr.HL Choudhary & Anr. ... [28] D.B. Civil Special Appeal [W] No.666/2012 State of Rajasthan Vs. Mrs. Sumitra Dhabai & Ors. ... [29] D.B. Civil Special Appeal [W] No.702/2012 State of Rajasthan Vs. S.N. Sodani & Ors. ... [30] D.B. Civil Special Appeal [W] No.703/2012 State of Rajasthan Vs. K.P. Alexander & Anr. .. Date of Judgment :: 19th July 2012. PRESENT HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II Mr. G.R. Punia, Senior Advocate & AAG with Mr. Mahendra Choudhary ] Mr. Rajesh Punia ], for the appellants. Mr. V.K. Mathur ] Mr. R.S. Choudhary ], for the respondents. <><> D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 4 BY THE COURT: (Per Dinesh Maheshwari, J.) 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. 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. D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 5 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.” The order so passed by the learned Single Judge of this Court is questioned by the appellants, MPUAT and the State, essentially on the ground that the Pension Rules, 1990 [hereinafter referred to as the ‘Pension Rules’] do not provide for submission of any re-option for the pensionary benefits; and hence, the State Government was justified in asking the appellant University to withdraw such decision of taking re- option and, consequently, the appellant University was also D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 6 justified in withdrawing its earlier questioned resolutions. For the questions arising in these matters on the rival submissions, the relevant facts and background aspects could be noticed in the following: A brief sketch of the formation and naming of the appellant University could be drawn with reference to the facts that in the year 1962, a University in the name of Rajasthan Agricultural University was established that was later on transformed to multi-faculty University in the name of Udaipur University, Udaipur that was, in turn renamed as Mohan Lal Sukhadiya University, Udaipur in the year 1984. Then, in the year 1987, the Government of Rajasthan separated the agricultural wing of Mohan Lal Sukhadiya University, Udaipur and re-established Rajasthan Agricultural University with its headquarters at Bikaner. However, with reference to the need and requirements of the south-eastern part of the State, another agricultural University was established in the year 1999 that was, later on named as “Maharana Pratap Agricultural University, Udaipur.” Yet further, looking to the fact that 7 of its degree programmes belonged to the technological aspects, the word “Technology” was incorporated in the name of the University in the month of October 2000 and that is how the appellant University acquired its name as “Maharana Pratap University of Agriculture & Technology, Udaipur” [‘MPUAT’]. D.B. Civil Special Appeal (W) No. 431/2012. Maharana Pratap University of Agriculture & Technology Vs. A.N. Mathur & Ors. Alongwith connected matters 7 The first meeting of the Board of Management of the appellant University was held on 07.12.2000 wherein, various decisions were taken in regard to the academic and administrative matters. In this meeting, it appears that a request made by the employees, who were earlier the employees of the Agricultural University, Udaipur to allow them to exercise re- option for the retiral benefit schemes was also considered; and the Board of Management accepted this request while permitting the employees to state their revised options by 31.03.2001.
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