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2002 DIGILAW 1378 (RAJ)

Sunder Lal Vyas v. State of Rajasthan

2002-08-06

SHIV KUMAR SHARMA

body2002
JUDGMENT 1. - The petitioner has approached this Court with the prayer that the respondents be directed to pay him the pension and other retiral benefits treating his Government service continuously from 1948 to 1982. Validity of Finance Department memo dated November 30, 1978 has also been assailed. 2. Contextual facts depict that the petitioner came to be appointed as L.D.C. on August 4, 1948 in Jodhpur State. On March 28, 1952, the petitioner was promoted as U.D.C. and continued as such till August 25, 1953. After merger of the States, the petitioner was transferred to Agricultural Department of the State of Rajasthan. He worked as U.D.C. in the said department from August 26, 1953 to February 5, 1954. On February 12, 1954 the petitioner got appointment as Office Superintendent in Rajasthan Flying Club, a society headed by the Chief Minister with 100% grant from the Government. From February 6, 1954 till January 31, 1975 the petitioner worked in Flying Club. On February 6, 1975 the Flying Club was taken over by the Government. Service of petitioner in Flying Club was terminated but he came to be appointed as the Assistant Secretary on the same day. The petitioner got retired on July 31, 1982. Aggrieved from the denial of pension and other retiral benefits, the petitioner instituted the instant writ petition. 3. Contention of the petitioner is that in the beginning of his service career he was a Government servant and he was also a Government servant at the time of his retirement. From February 6, 1954 till January 31, 1975, the petitioner rendered service in the Rajasthan Flying Club which had been subsequently taken over by the Government and it started functioning as a Government Department with all the assets and liabilities of Rajasthan Flying Club, as such there was no justification to deny pension to the petitioner merely because there was no Provident Fund Scheme in the services under the Rajasthan Flying Club. 4. It is further contended that the spirit of the memo dated November 30, 1978 was to give the pension and retiral benefits to the employees of such institutions which were taken over by the Government of Rajasthan. 4. It is further contended that the spirit of the memo dated November 30, 1978 was to give the pension and retiral benefits to the employees of such institutions which were taken over by the Government of Rajasthan. Therefore, on the basis of the said memo, the employees who had served the Rajasthan Flying Club cannot be discriminated with that of the employees of the other institutions taken over by the Government and there is no basis to deny the pensionary and other retiral benefits to the employees who had rendered services under the Rajasthan Flying Club. Under Rule 180 of Rajasthan Service Rules (for short 'RSR') any service of special type can be declared pensionable by the Government as such there is no justification to make an exception in the case of services rendered under the Rajasthan Flying Club. 5. It is also averred that the petitioner being an employee of Rajasthan Flying Club cannot be treated differently in comparison to the employee of Post War Reconstruction Fund. 6. The respondents in the written statement pleaded that Rajasthan Flying Club on its liquidation, was taken over by the State Government of January 31, 1975. The employees of the club were temporarily appointed in Government service on the same emoluments as they were drawing in the Flying club. Later on the employees were screened and those found suitable were kept in Government service and unsuitable were given gratuity according to Rules in force according to which an employee on retirement was entitled to gratuity at the rate of half month's pay for each completed year of service subject to a maximum of the 10 months pay or Rs. 15,000/- whichever is less. The petitioner was appointed on the isolated post of Assistant Secretary in the pay scale of Rs. 500-1000, this pay was fixed at Rs. 710/- with date of next increment as January 31, 1976. The appointment of the petitioner was under the Rajasthan Civil Services (Appointment & other Establishments taken over by the Government) Rules, 1977. There was no pension rules or CPF Scheme in Rajasthan Flying club. Vide memo dated November 30, 1978 the State Government took decision in regard to counting of services of the employees of those institutions taken over by the Government where CPF or pension schemes already existed. There was no pension rules or CPF Scheme in Rajasthan Flying club. Vide memo dated November 30, 1978 the State Government took decision in regard to counting of services of the employees of those institutions taken over by the Government where CPF or pension schemes already existed. Since the case of the petitioner did not fall in that category, it was rejected by the Government. 7. I have given my thoughtful consideration to the rival submissions. 8. A close look at the memo dated November 30, 1978 goes to show that the services rendered by the employees in municipal or grant-in-aid private educational institutions or other voluntary bodies or institutions, prior to taking over of such institutions were directed to be counted but it was also provided that the benefit of pensionable service would accrue only in respect of the period of service rendered in the institutions during which the employee subscribed to the Contributory Provident Fund. 9. The petitioner also placed on record a letter dated January 27, 1982 of the Finance (Revenue & Accounts-I) department of the State of Rajasthan to show that the Governor accorded sanction for counting the service rendered in the Rajasthan State Service Post-war Reconstruction Fund Establishment as qualifying service for purposes of pension/Gratuity etc. subject to the condition that there was no break in the service and the amount of gratuity if any, paid to the employee shall be refunded to the Government. 10. The employees of "War-services" never subscribed to the Contributory Provident Fund and as per Memo dated November 30, 1978 they were not entitled to pension but the Finance Department took decision to count services rendered by the Rajasthan State Services Post-war Reconstruction Fund Establishment as qualifying service for purposes of pension. In my opinion, the case of the employees of Rajasthan Flying Club is not distinguishable with that of the employees of "War-services". There was no break in the service of the petitioner and the act of the respondents in treating the petitioner differently with that of the employees of "War-Services" is discriminatory and violative of Article 14 of the Constitution. 11. There was no break in the service of the petitioner and the act of the respondents in treating the petitioner differently with that of the employees of "War-Services" is discriminatory and violative of Article 14 of the Constitution. 11. For the foregoing reasons, the writ petition succeeds and stands allowed and the respondents are directed to count the service for the period from February 6, 1954 till January 31, 1975 rendered by the petitioner in Rajasthan Flying Club as qualifying service for purposes of pension and other retiral benefits. The amount of gratuity if any, paid to the petitioner, shall be adjusted towards his account of retiral benefits. The respondents are further directed to pay the entire arrears of pension and other retiral benefits to the petitioner within ninety days from the date of receipt of this order and continue to pay the same in future. There shall be no order as to costs.Petition allowed. *******