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2018 DIGILAW 2051 (RAJ)

Poonam Chand Joshi v. State of Raj.

2018-10-05

DINESH MEHTA, SANGEET LODHA

body2018
JUDGMENT : SANGEET LODHA, J. By way of this writ petition, the petitioner has questioned vires of Rule 5 (ii), (iii), (v) and (ix) of the Rajasthan Voluntary Rural Education Service Rules, 2010 (‘for short the Rules of 2010’ hereinafter). It is prayed that the benefits accruing to the government servant under Rajasthan Civil Service Rules, 1951 and Rajasthan Civil Services (Pension) Rules, 1996 be made applicable and implemented to all the absorbed employees under the Rules of 2010 with all consequential benefits. 2. Learned counsel appearing for the petitioner contended that the writ petition involving identical question was partly allowed by a Bench of this Court vide judgment dated 1.2.2018 rendered in Raj. Samayojit Shiksha Karmi Welfare Society v. The State of Rajasthan reported in 2018 (2) WLC (Raj.) 10; 2018 (1) RLW 524. This Court in Raj. Samayojit Shiksha Karmi Welfare Society's case (supra) while declaring the Rule 5(ix) of the Rules of 2010 unconstitutional has issued directions in the following terms: “51. In view of above discussion, all the writ petitions are partly allowed in following terms:— A. The denial of pension to the employees of aided institutions appointed prior to promulgation of Rajasthan Civil Service (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rules of 1996, is unconstitutional, therefore to that extent the aforesaid sub Rule (ix) of Rule 5 of the Rules of 2010 is declared unconstitutional because it is violative of Article 14 of the Constitution of India. We, accordingly, hold that all those employees who were appointed against the sanctioned/aided post prior to promulgation of the Rajasthan Civil Service (Contributory Pension) Rules, 2005 in the aided institution, and subsequently appointed/absorbed under the Rules of 2010, shall be governed under the Rajasthan Civil Service (Pension) Rules, 1996 and those employees shall deposit the provident fund, which is already drawn by them after their absorption/appointment under the Rules of 2010 from aided institution with interest @ 6% p.a. It is further made clear it that if the provident which is drawn by the employees of the aided institutions after their appointment under the Rules of 2010, will not be deposited by them with interest @ 6% within a period of two months from today, then they shall not be entitled to get benefits under the Pension Rules of 1996. B. The prayer to struck down the sub-Rules (ii), (iiii) and (v) of Rule 5 of the Rules of 2010, is hereby rejected because there is no illegality in these sub-rules of Rules of 2005. However, for the posting of the employees appointed under the Rules of 2010 in the urban areas, it is made clear that State Government will be at liberty to utilize the services of these employees in the urban area on account of any administrative exigency and reasons in future. C. In the sub-rule (iv) of Rule 5 of the Rules of 2010 in lieu of promotion benefit of Assured Career Progression/Career Advancement Scheme as allowed to other employees of the State Government, therefore, no mandatory direction can be given for promotion avenues, however, petitioner society and other appointed employees will be at liberty to file representation before the State Government so as to make provision for promotion separately for them and it is expected from the State that said prayer will be considered sympathetically.” 3. It is submitted that the judgment and order passed by this Court in Raj. Samayojit Shiksha Karmi Welfare Society (supra) since affirmed by the Hon'ble Supreme Court vide order dated 13.9.2018 passed in Special Leave Petition (Civil) No. 21904/2018 and, there fore, the present writ petition 5 deserves to be allowed in the terms indicated above. 4. This factual position is not disputed by the learned Dy. Government Counsel. 5. Accordingly, the writ petition is partly allowed in terms of the decision in the case of Raj. Samayojit Shiksha Karmi Welfare Society (supra) with the directions in terms indicated as above.