Senior advocate Mahendra Singh Singhvi, advocate Manoj Bhandari and Hemant Dutt filed a petition on behalf of the petitioner Rajasthan Adjusted Education Workers Welfare Society President Sardarsingh Bugali, arguing that on one hand the members of the institution have been accommodated in the state government by the state government. And these employees have been mandated to fill undertaking for adjustment under these rules. In this undertaking, it was written that the employee would not make any claim for promotion till his retirement and would be governed by the provisions of the Rajasthan Civil Service (Contribution Pension) Rules 2005. The State Government will not claim any kind of contribution if the Contributory Provident Fund contribution is not deposited by the non-government educational institution before it is adjusted to the State Government.
Singhvi said that this undertaking is illegal and unconstitutional. He argued that once the state government framed the 2010 rules, the education workers were accommodated by taking decisions for adjustment in the state government. If they include the service of a given educational institution for their increment and selected pay scale, then in that case the service will be valid for pension also.
The Additional Advocate General PR Singh, arguing on behalf of the state government, argued that the employees had voluntarily given undertaking for adjustment in the 2010 rules, so they could no longer challenge it in court.
A division bench of Justices Vyas and Garg posed four questions to frame the controversy. The Court passed that it is non-constitutional to deprive the employees of the subsidiaries who were employed prior to the Rajasthan Civil Services (Contributory Pension) Rules 2005, the Pension Rules 1996. It was also decided that all the employees who were employed before the Rajasthan Civil Service (Contributory Pension) Rules 2005 on the sanctioned posts and adjusted to the 2010 rules, will have effect on the Rajasthan Civil Services (Pension) Rules 1996 and the adjustment by these employees
After this, the amount of provident fund which was raised by them will have to be deposited with the State Government within 6 months with 6 percent interest otherwise they will not be entitled to get the benefit of Employees Pension Rules 1996. The court also ruled that the state government is free to hire these employees in urban areas.
