Rajasthan High Court - Jaipur
Mangal Ram And Ors vs State (Local Self Dep )Ors on 14 February, 2013
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 13443/2012 Mangal Ram & ors versus State of Rajasthan & ors 14.2.2013 HON'BLE MR. JUSTICE MN BHANDARI Mr Girish Khandelwal - for petitioners Mr Jinesh Jain, GC for respondents BY THE COURT:
The controversy in this writ petition is as to whether services rendered in the Gram Panchayats should be counted as qualifying service for pensionary benefits in the Municipality?
In the instant case, petitioners were initially engaged by various Gram Panchayats and on their de-limitation, they were taken in Municipality. On their retirement, pension was given for the period they rendered services with the Municipality ignoring the period with Gram Panchayat.
The issue aforesaid has already been decided by this court in the case of Om Prakash Gupta & ors versus State of Rajasthan & ors, SB Civil Writ Petition No. 8035/2009, decided on 29.4.2011 and in the case of Ram Swaroop Sharma versus State of Rajasthan & ors, SB Civil Writ Petition No. 5150/2003, decided on 17.1.2009. Therein, interpretation of rule 10 of the Rajasthan Municipal Services (Pension) Rules, 1989 has been given. If the case in hand is looked into, petitioners were taken in the Municipality due to Notification of de-limitation of Gram Panchayats. As per the Rules of 1989, period spent purely on daily wages basis or contract basis or for specified period does not qualify for the purpose of pension and other criteria are given.
Another issue is regarding withdrawal of benefit of selection scale. It is again on the same grounds as is for determination of qualifying service for pensionary benefits. The period rendered with the Gram Panchayat has been ignored for counting total length of service. It is not legal in view of the fact that petitioners were employees of Gram Panchayats and were taken in Municipality due to notification for de-limitation. Thus, total period of service was required to be counted for the purpose of selection scale as per the circular dated 25.1.1992, then existing. In view of above, impugned orders for withdrawing benefit of selection scale and the recovery need to be interfered with.
The writ petition is accordingly allowed with a direction to the respondents to re-determine pensionary benefits of the petitioners by counting period of service with the Gram Panchayat in accordance with rule 10 of the Rules of 1989. Consequential benefits arising out of it may be given to them within a period of two months from the date of receipt of copy of this order. Further, impugned orders for withdrawing benefit of selection scale and the recovery thereof are set aside. If the amount has been recovered, it would be paid to the petitioners.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-J