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2005 DIGILAW 1112 (RAJ)

Udai Singh Udawat v. Rajasthan High Court

2005-04-12

MANAK LAL MOHTA

body2005
Judgment 1. The petitioner a retired Member of the Rajasthan Higher Judicial Services by way of a petition under Article 226 of the Constitution of India seeks direction to the respondent State of Rajasthan to re-calculate the pension taking into consideration his services rendered as Laboratory Assistant with the JNV University, Jodhpur for the period 19.07.1963 to 31.05.1973. 2. As per the averments made in the writ petition, the petitioner entered in the services of the JNV University, Jodhpur in the year 1963 as Laboratory Assistant for the period 19.07.1963 to 31.05.1973. Subsequently he was selected for the post of Prosecuting Sub Inspector in the year 1973. He became member of the Rajasthan Judicial Services on 02.01.1979. Having been selected in the Rajasthan Judicial Service in due course of time he was promoted from time to time. He retired as Additional District Judge on 31st July, 2003. For the purpose of getting his pension case prepared he made a request to the High Court to take into consideration the period for which he served as Laboratory Assistant. After careful consideration of the entire material the Honble Chief Justice directed the Registrar General to recommend his case to the State Government to account his services rendered by him as Laboratory Assistant during period 19.07.1963 to 31.05.1973. A letter of the Registrar General dated 21st February, 2003 addressed to the State Government is placed on record as Annexure 1. The State under communication dated 27th May, 2003 has informed the Registrar General that the period sought to be included cannot be accepted as there has not been any reciprocal arrangement with the JNV University, Jodhpur. 3. In the counter the State Government has taken a different stand. It is averred that at the relevant time there was no pension scheme with the University. As such the subject period cannot be taken into consideration for calculation of the pension. It is further averred that the pension scheme was introduced in the University w.e.f. 01.01.1990. Further Rules 12, 13 and 14 of the Rajasthan Civil Services (Pension) Rules, 1996 are not applicable to the case of the employees of the autonomous bodies joining Government services. It is lastly submitted that the petitioner having opted for contributory fund cannot be permitted to now switch over or to take somersault and claim pension. Further Rules 12, 13 and 14 of the Rajasthan Civil Services (Pension) Rules, 1996 are not applicable to the case of the employees of the autonomous bodies joining Government services. It is lastly submitted that the petitioner having opted for contributory fund cannot be permitted to now switch over or to take somersault and claim pension. As regards the letter of the Registrar General the stand of the respondent State is that the case of the petitioner has simply been forwarded. There is no recommendation of the Honble Chief Justice. 4. We have heard the learned Counsel for the parties and perused the material on record. Our attention has been invited to Rule 14 of the R.S.R., which reads as follows:-"14. Governments power to declare any service as qualifying service.-Government may, however, declare that any specified kind of service or service rendered by a Government servant shall qualify for pension subject to such conditions as Government may think it fit to impose." 5. Our attention has also been invited to the Appendix IX of the Pension Rules, 1996. It appears from reading of the Appendix IX that a reciprocal arrangement has been made by the State Government with the Central Government as well as with the other statutory bodies for counting of service for the purpose of pension of its employees. Our attention has also been invited to the Appendix IX of the Pension Rules, 1996. It appears from reading of the Appendix IX that a reciprocal arrangement has been made by the State Government with the Central Government as well as with the other statutory bodies for counting of service for the purpose of pension of its employees. A reference has also been made to the order dated 19.08.1989 which reads as follows:- "The Governor has been pleased to order that below Item (iv) of Finance Department Order of even number dated 23.09.1988, the following new Items (v) and (vi) shall be added as follows, namely:- .(v) Theemployees of a Central autonomous body/statutory body or State Government, as the case may be, who have already been sanctioned or have received pro rata retirement benefits or other terminal benefits for their past service will have the option either:- .(a) toretain such benefits and in that event their past service will not qualify for pension under the Central autonomous body/Statutory body or the State Government, as the case may be; or .(b) to have the past service counted as qualifying service for pension under the new organisation in which case the pro rata retirement or other terminal benefits, if already received by them, will have to be deposited alongwith interest thereon from the date of receipt of these benefits till the date of deposit with the Central autonomous body/statutory body or the State Government, as the case may be, the rate of interest in such cases would be simple interest of 6% per annum. The right to count previous service as qualifying service shall not revive until the whole amount has been refunded. In other cases, where pro rata retirement benefits have already been sanctioned but have not yet become payable the concerned authorities shall cancel the sanction as soon as the individual concerned opts for counting of his previous service for pension and inform the individual in writing about accepting his option and cancellation of the sanction, the option shall be exercised within a period of one year from the date of issue of these orders. If no option is exercised by such employees within the prescribed time limit, they will be deemed to have opted for retention of the benefits already received by them. The option once exercised shall be final. If no option is exercised by such employees within the prescribed time limit, they will be deemed to have opted for retention of the benefits already received by them. The option once exercised shall be final. .(vi) Where no terminal benefits for the previous service have been received, the previous service in such cases will be counted as qualifying service for pension only if the previous employer accepts pension liability for the service in accordance with the principles laid down in Finance Department Memorandum of even number dated 23.09.1988. In no case pension contribution/liability shall be accepted from the employee concerned. This order shall be effective, as mentioned in the last para of Finance Department Memorandum of even number dated 23.09.1988." 6. It cannot be disputed that the JNV University, Jodhpur is a statutory body. The pension scheme is available with the University. Now, it is well settled that even the employees of the JNV University, Jodhpur who have retired before the introduction of the pension scheme on being given option are entitled to pension. Thus, as per Appendix IX the service rendered by the petitioner as Laboratory Assistant is liable to be counted, if he is prepared to deposit the amount received by him under the Provident Fund Scheme with interest at the rate of 6%. In the writ petition a specific averment has been made that the petitioner is ready and willing to deposit the said amount on being called upon to do so. In view of this the respondent State is under an obligation under Rule 14 referred to above to count the services of the petitioner as Laboratory Assistant with the JNV University, Jodhpur for the purpose of calculation of the pension. 7. Consequently, the writ petition is allowed. The order of the State Government dated 24th April, 2003 (Annexure 2) is quashed and set aside. The respondent is directed to issue an appropriate order for counting the past services of the petitioner rendered as Laboratory Assistant for the period 19.07.1963 to 31st May, 1973 with the JNV University, Jodhpur for the pension purpose.