In the High Court of Judicature for Rajasthan Jaipur Bench **
1-Civil Writ Petition No.2180/2009
Ram Singh Bhati Versus State & Ors.
2-Civil Writ Petition No.16043/2009
Ram Singh Jadon Versus State & Ors.
Date of Order ::: 04/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajvir Sharma, for petitioners Mr. Inderjit Singh for respondents
Since identical controversy has been involved herein, hence both the petitions were heard together at joint request, and are being decided by present order.
Both these petitions have been filed with the grievance that services which they have rendered prior to 20/10/1978 have not been computed for purposes of pensionary and other reitral dues as admissible under Rajasthan Agricultural Produce Marketing Committee Service (Pension) Rules, 1995 (Rules, 1995).
Counsel submits that this controversy has been examined by this Court while vires of sub-rule(2) of R.10 of Rules, 1995 were challenged in Om Prakash Bansal Vs. State (CWP-2072/2001 decided vide judgment dt.12/05/2004 = 2004(3) WLC 512) against which special appeal preferred has also been dismissed while affirming the judgment (supra) in Special Appeal-496/2004 vide judgment dt.27/09/05).
In Om Prakash Bansal Vs. State (supra) this Court observed ad infra:
7. It is evident that even a temporary employee is entitled to get pension pursuant to the afore-quoted Rule. Undeniably Rule 10.2 of 1995 Rules was framed ignoring the provisions contained in Rule 179 of RSR. The artificial distinction created by State of Rajasthan is arbitrary and discriminative and violative of Articles 14 and 16 of the Constitution of India. Even otherwise the contribution made towards CPF by the respondent, does not make any distinction for the reason that as per the scheme whatever contribution was made has to be refunded back to the employer after making deduction from the employees contribution. The employer’s contribution has to be transferred towards pension fund.
8. For these reasons, I dispose of the writ petition in the following terms:
(i)sub-rule (2) of Rule 10 of 1995 Rules shall stand quashed and set aside being violative of Articles 14 and 16 of the Constitution of India.
(ii)The respondents are directed to compute the qualifying service of the petitioner as 33 years and 6 months instead of 24 years and months and difference of pension shall be paid to the petitioner within three months from the date of receipt of copy of this order.
(iii)No order as to costs.
Taking note whereof, a co-ordinate Bench of this Court also decided a bunch of writ petitions (CWP-7013/2007 & eight other cognate cases) vide judgment dt.25/08/08.
Counsel for respondents has also not disputed about the controversy being decided by this Court; however, submits that SLP against DB judgment (supra) is pending but there is no stay order passed by the Apex Court.
In view of judgment (supra), both the writ petitions are allowed and respondents are directed to compute total length of service rendered by petitioner from the date of initial appointment for the purposes of pension under Pension Rules with all consequential benefits. Appropriate orders in compliance of the order (supra) be passed along with computation of arrears due, within three months. No costs. (Ajay Rastogi), J.
K.Khatri/p.3/
2180CW09-Fb4CPFAgrSrvcl(2).do