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2008 DIGILAW 523 (RAJ)

Jagsir Singh v. State of Rajasthan

2008-02-19

MAHESH CHANDRA SHARMA

body2008
JUDGMENT 1. - By way of filing the instant petition, the petitioner has sought following reliefs : " (i) by an appropriate writ, order or direction the impugned order dated 27.2.2001 Ex-4 issued by respondent No.1 be kindly declared to be illegal, and unjustified and it may be declared that the petitioner is entitled to get all service benefits and pensionary benefits counting his entire service from 30.4.1970 for the purpose of pension since he was first appointed on the post on 30.4.1970. (ii) that by an appropriate writ, order or direction, it may kindly be declared that Rule 10(2) of the Rules, 1995 are not applicable in petitioner's case as he was appointed on 30.4.1970 and at that time Rajasthan Service Rules were applicable to him and the pensionary Rules, 1952 were applicable. (iii) That all the consequential benefits in favour of the petitioner be also granted.'' 2. Brief facts of the case according to the petitioner are that the petitioner was initially appointed on the post of LDC on 30.4.1970. Being creation of supervisory post, the petitioner was promoted on 27.9.1975 on substantive i basis. The petitioner stated in the writ petition that he is at the verge of retirement, and requested the respondents to complete his service record. The respondent No.1 issued a letter dated 27.2.2001 that the period in which CPF rules were not in' force that period is not countable towards pension and in this way denied 5 years 11 months benefit of service pension. 3. Petitioner being aggrieved with the order dated 27.2.2001 of the respondents, preferred the instant petition before this Court. 4. Respondents filed a detailed reply to the writ petition and controverted the facts mentioned by the petitioner. The respondents in the preliminary objection has mentioned that the petitioner is not entitled for pensionary benefits from 2 1.5.1970 because the Contributory Provident Fund, was applicable in the year 1976. The respondents have further mentioned in the preliminary objection that according to Rule 10(2) of the Rajasthan Krishi Upaj Mandi Samiti Service (Pension) Rules, 1995, service of every employee shall be counted from the date of regular sanctioned post. Certain other facts were also mentioned in the reply. 5. The respondents have further mentioned in the preliminary objection that according to Rule 10(2) of the Rajasthan Krishi Upaj Mandi Samiti Service (Pension) Rules, 1995, service of every employee shall be counted from the date of regular sanctioned post. Certain other facts were also mentioned in the reply. 5. Much reliance has been placed upon an order dated 15.2.2005 passed at Principal Seat, Jodhpur, in SBCW P. No. 1288/03, Rajendra Nath Sharma and another v. State of Rajasthan and others , alongwith one connected matter. I have also considered it and it appears that the case of the present petitioner is on same footing as of Mr. Rajendra Nath Sharma (supra). The operative portion of the Judgment is reproduced here-in-below : "in the result, the writ petitions are allowed. The petitioners are entitled to get benefit for the purpose of pension and gratuity while counting their services from the date of initial appointment i.e. for petitioner No.1 as 1.5.1964, petitioner no.2 as 13.11.1967 and for petitioner Ram Pratap as 6.9.1969, rather than considering their case from the date of deduction of CPF for the purpose of qualifying service for the grant of pension and gratuity and other retiral benefits and arrears of pension. The respondents are directed to decide the case of the petitioners, as mentioned above, within a period of three e months' from the date of receipt of a certified copy of the order, otherwise the petitioners would be entitled to get interest at the rate of 12% p.a. after expiry of three months' period, till the date of making final payment of amount to the petitioners." 6. Against the order dated 15.2.2005, passed by learned Single Bench of this Court, the State preferred a D.B. Civil Special Appeal No. 243/2005, the State of Rajasthan through the Secretary and another v. Ram Pratap and Another . The Division Bench of this Court vide judgment dated 14.7.2005 has pleased to dismiss the special appeal, the operative portion whereof is reproduced here-in-below : No interference is warranted with the order of the learned Single Judge. The special appeal stands dismissed.'' 7. In another Judgment of this Court dt. 2.5.2007 passed in SBCW P No. 8336/2004, Kedar Nath & Anr. v. State of Rajasthan and others , and six other connected matters similar benefits have been given. The special appeal stands dismissed.'' 7. In another Judgment of this Court dt. 2.5.2007 passed in SBCW P No. 8336/2004, Kedar Nath & Anr. v. State of Rajasthan and others , and six other connected matters similar benefits have been given. The operative portion of the order dated 2.5.2007 is reproduced here-in-below : "In view of the above, the writ petitions are allowed in terms of the aforesaid judgment. The respondents are directed to compute the qualifying service of the petitioners rendered by them prior to 20.10.1978 and difference of pension shall be paid to the petitioners within three months from the date of receipt of copy of this order and further appropriate orders be passed regarding pension by counting their service from the date of their initial appointment as per aforesaid direction for the purpose of pension." 8. In my view the aforesaid cases are fully applicable in the instant case. 9. In the result, the writ petition filed by the petitioner is allowed. The respondents are directed to give pensionary benefits to the petitioner from the date of his initial appointment i.e. w.e.f. 30.4.1970, rather than from the date of deduction of CPF for the purpose of qualifying service for the purpose of grant of pension. The respondents are further directed to decide the case of the petitioner, as mentioned above, within a period of three months' from the date of receipt of a certified copy of this order, otherwise the petitioner shall be entitled to get interest @ 12% p.a. after expiry of three months, till the date of making final payment of amount to the petitioner.Petition Allowed. *******