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2005 DIGILAW 2457 (RAJ)

Pana v. State of Rajasthan

2005-09-15

PREM SHANKAR ASOPA

body2005
Judgment Prem Shanker Asopa, J.-That by this writ petition the petitioner is claiming the relief of granting pension from 01.07.1952 i.e., from the date of initial appointment of her husband and is further claiming selection grade from the date of declaring him semi-permanent vide order dated 30.06.1962 w.e.f. 01.04.1962. 2. Briefly stated the relevant facts of the case are that the husband of the petitioner was initially appointed as Beldar on 01.07.1952 on daily wages and declared semi permanent vide order dated 30.06.1962 w.e.f. 01.04.1962 After attaining the age of superannuation the husband of the petitioner retired from service on 30.06.1993. The husband of the petitioner died on 17.03.2000 and his services were not counted for the purpose of pension from 01.07.1952 and further he has not been granted selection scale. .3. The respondents have relied upon Rule 22 (1) of the Work Charge Service Rules, 1964 for denial of the said benefit. The said Rule 22(1) is relating to option and not for counting the qualifying service for pension as well as grant of selection scale. 4. I have heard learned Counsel for the parties. 5. This Court in S.B. Civil Writ Petition No. 897/1993 Virdhi Chand vs. State of Rajasthan & Ors., decided on 25.05.1995, S.B. Civil Writ Petition No. 5539/1994 Ganesh Lal vs. State of Rajasthan & Ors., decided on 30.01.1997 S.B. Civil Writ Petition No. 2258/1996 Ramakant Pareek vs. State of Raj. & Ors., decided on 06.01.1999 and S.B. Civil Writ Petition No. 1538/1999 Mohan Singh vs. State of Raj. & Anr., decided on February 6, 2001 has held that pension is payable from the date of initial appointment and further this Court has also held that Notification dated 25.01.1992 is applicable in case of work-charge employee for grant of selection scale. 6. In view of the Judgment s cited hereinabove the writ petition is allowed. The respondents are directed to count the service of the petitioner from 01.07.1952 for the purposes of pension and further directed to grant the benefit of selection scale by counting the length of service from the date of declaring semi-permanent.