Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.353/2010 Smt. Sudha Ahlawat W/o Late Shri Kartar SIngh, aged about 50 years, resident of Kartar Nikunj, Gali No.7, Khanpura Road-II Subhash Nagar, Ajmer (Rajasthan). ----Petitioner Versus The Regional Provident Fund Commissioner, Rajasthan, Jaipur. ----Respondent Connected With S.B. Civil Writ Petition No.17914/2011 Ram Avatar Soni S/o Late Shri Anandi Lal Soni, aged about 70 years, R/o Soni Bhawan, Plot No.62, 63, Shyam Nagar Colony, Khadi Bhag Road, Chomu, District Jaipur (Rajasthan). ----Petitioner Versus
1. Assistant Commissioner, Employees Provident Fund Organization, Regional Office, Nidhi Bhawan, Vidyut Marg, Jyoti Nagar, Jaipur. 2. Assistant Commissioner, Employees Provident Fund Organization, Sub-Regional Office, 121, Kamla Nehru Marg, Chopasani Road, Jodhpur. 3. Managing Committee, Shri Sumati Shiksha Sadan Senior Secondary School, Ranawas, District Pali (Rajasthan) through its Secretary. ----Respondents For Petitioner(s) : Mr. D. P. Sharma, Adv. For Respondent(s) : Mr. Tej Prakash Sharma, Adv. Mr. Deepak Goyal, Adv. HON'BLE MR. JUSTICE ANAND SHARMA Order 15/09/2025
1. Petitioners have filed the instant writ petitions for seeking direction against the respondents to continue their pension/family pension in respect of amount deducted by the
[2025:RJ-JP:37309] (2 of 3) [CW-353/2010] respondent-Institution during the service period of respective employees. 2. At the outset, learned counsels for the respondents drew indulgence of this Court towards the judgment of Hon'ble Supreme Court in the case of Regional Provident Fund Commissioner Vs. Sanatan Dharam Girls Secondary School [2007 (1) SCC 268], where grant of provident funds and pension of the employees of Non-Government Educational Institutions of State of Rajasthan was under consideration. After examining the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act of 1952'), the Hon'ble Supreme Court was pleased to observe that the Non- Government Educational Institutions of State of Rajasthan are not covered by the provisions of the Act of 1952. 3. Learned counsels for the respondents further submit that after the aforesaid judgment, the amount of Employees' Provident Fund in S.B. Civil Writ Petition No.17914/2011 has already been paid to the petitioner and so far as the pension is concerned that has been transferred to P.D. Account No.06.
In S.B. Civil Writ Petition No.353/2010, learned counsel for the respondents informed the Court that earlier family pension was being allowed to the petitioner but after the judgment of Hon'ble Supreme Court in the aforesaid case, the pension is not payable by the respondent-Department. 4. In view of the judgment passed by the Hon'ble Supreme Court in the case of Regional Provident Fund Commissioner (supra), no case for interference is made out. [2025:RJ-JP:37309] (3 of 3) [CW-353/2010]
5. Hence, these writ petitions filed by the petitioners, are hereby, dismissed. 6. Pending application(s), if any, also stand disposed of. (ANAND SHARMA),J Daksh/Jatin/21-22