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2004 DIGILAW 742 (RAJ)

Shankar Lal v. State of Rajasthan

2004-05-10

SHIV KUMAR SHARMA

body2004
JUDGMENT 1. - Matter has been heard finally with the consent of learned counsel for parties. 2. As per the undisputed facts the petitioner rendered service In Central Water Commission and Technical Training Centre Kota from October 5, 1959 till February 17, 1973. In the event of closure of Technical Training Centre, the service of the petitioner were transferred to the State Motor Garage Rajasthan Jaipur on the post of Turner. The petitioner stood retired on July 31, 1991 on attaining the age of superannuation. The grievance of the petitioner in the instant writ petition is that services rendered by him from October 5, 1959 till February 17, 1973 under the Central Water Commission were not taken into consideration while computing pension and other retiral benefits. Prayer has been made to issue directions to the respondents to treat the services rendered by the petitioner. 3. In the reply submitted by the respondent No. 3 it has been stated that the petitioner in his parent department opted for the scheme of the Contributory Provident Fund and contributed the fund from September, 1967 to February, 1973. After transfer to the State Government on February 17, 1973 the provisional pension and gratuity were paid by the parent department to the petitioner, which were to be paid by the parent department to the petitioner, which were to be revised after proper verification in view of Rule 286(c) of the 10 Rajasthan Service Rules. Since the petitioner was paid amount of Contributory Provident Fund, he is not entitled to pensionary benefits. 4. I have given my anxious consideration to the rival submissions. 5. A look at the provisions contained in Rule 192 of the Rajasthan Service Rules provides that on abolition of permanent or temporary post held by a Government servant, if the Government servant is appointed to another temporary or permanent post without any interruption or break in service, the service rendered by him in the previous temporary or permanent post shall be treated as qualifying service for the purpose of computation of pension. The petitioner in the instant case undeniably rendered continuous service from October 5, 1959 till July 31, 1991 and this period ought to have been treated as qualifying service for the purpose of computation of retiral benefits. The petitioner in the instant case undeniably rendered continuous service from October 5, 1959 till July 31, 1991 and this period ought to have been treated as qualifying service for the purpose of computation of retiral benefits. The right of the employee to receive pension is property under Articles 19(1)(f) and 31(1) of the Constitution of India and it is not saved by Sub Article (5) of Article 19(5). Therefore it follows that the order denying the employee's right to receive pension affect the fundamental right of the employee. 6. From the perusal of document Annexure- 2 it appears that on May 27, 1967 the petitioner while serving under Central Water Commission opted for pensionary benefits. Therefore if amount of CPF, was paid to him the same may be adjusted from the retiral benefits for which the petitioner is entitled. 7. The State of Rajasthan vide Memo No. F7(A)(43)FD(A)/Rules/58 (nut 5184) dated 25.1.1984 took decision as under:- "The matter has been examined and Governor is pleased to decide that the proportionate pensionary liability in respect of temporary service rendered under the Central Government and State Government to the extent such service would have qualified for grant of pension under the Rules of respective Government, will be shared by the Government concerned on a service share basis so that the Government servants are allowed. The benefit of counting their qualifying service both under the Central Government and State Government for grant of pension by the Government from where they eventually retire." 8. For the reasons aforementioned the writ petition succeeds and stands allowed. The respondents are directed to treat the petitioner in continuous service w.e.f. October 5, 1959 till July 31, 1991 and recalculate the retiral benefits and revise PPO/GPO/CPO dated June 1, 1994 and make the payment to the petitioner as per revised PPO/GPO/CPO. The amount paid to the petitioner against CPF may however be adjusted. The go respondents shall ensure the compliance of this order within three months from the date of receipt of copy of this order. There shall be no order as to costs.Writ Petition Allowed. *******