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State of Uttar Pradesh Vs. Preetam Singh [23/09/14]

[Civil Appeal No. 6307 of 2010]. The Uttar Pradesh Avas Evam Vikas Parishad (hereinafter referred to as the 'Vikas Parishad') is a corporate body. It came into existence, consequent upon the promulgation of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the '1965 Act'). The employees of the Vikas Parishad were members of a Contributory Provident Fund Scheme. The Vikas Parishad desired to grant its employees better retiral benefits. A proposal was made, to extend pensionery benefits to the employees of the Vikas Parishad, in place of the existing Contributory Provident Fund Scheme. In furtherance of the aforesaid objective, a resolution dated 21.2.1995 was passed, proposing to replace the existing Contributory Provident Fund Scheme, to the Pension/Family Pension and Gratuity Scheme. Before implementation of the resolution dated 21.2.1995, the Vikas Parishad considered it expedient to consult the State Government. In response to the afore-mentioned consultation, the State Government through a communication dated 16.5.1996 approved the afore-stated substitution conditionally. The conditions depicted in the aforesaid approval dated 16.5.1996, are being extracted hereunder: "Kindly refer to your letter no. 213/P-1 dated 24.4.1995 on the aforesaid subject. In this regard, I have been directed to say that State Government has no objection to the proposal of implementing Pension/Family Pension & Gratuity Scheme in place of C.P.F. Scheme in Uttar Pradesh Avas Evam Vikas Parishad. But subject to condition that no financial assistance will be given by the State Government for implementation of this Scheme and this Scheme will be run by the Board itself from the revolving funds created by it."

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