RAJASTHAN NAGAR PALIKA SEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DESPITE repeated observations of this Court, the State of Rajasthan has exhibited, as usual these days, its could attitude towards the cases pending in this Court and no assistance has been lent, as no reply has been submitted despite repeated notices. In January, 1989 the service of notice of this petition was effected on 'the State but no reply was filed despite several opportunities and one months' time was asked for in August, 1989, when it was listed before my learned brother Hon'ble M.B. Sharma. He observed in his order that, 'One month's time is prayed for but I grant six weeks. Put up after six weeks as prayed.' This two weeks' grace period was not enough for the State and case lingered on for yet in another year and a half and when the case was listed on 8 -2 -91, the arguments commenced but without any reply. However, the case was adjourned as the Court was of the opinion that in a matter where policy of the State was under challenge, the State Government's reply must be obtained. Case was then taken up on 18 -2 -91 and the petitioner's arguments were completed. I did not proceed to dictation the judgment on that day and once again observed in the order sheet about the failure of the State Government to file reply but thinking that State Government may still have one more opportunity as the Court wanted its categorical reply, fixed the case for dictation of judgment today. But during this period also, no reply has been filed nor any effort has been made on behalf of the Department of Local Self Government to appear and place its case before the Court.

(2.) SHRI K.N. Garg for the State is present in the Court. He is not even having the file of the case with him since it has not been ear -marked to him despite the fact that he had been associated with this Court in regular hearing cases for almost over a month. Thus, this Court has no option but to proceed with this judgment, in absence of any assistance from the respondents which shows unaccountability of the officer incharge of the case.

(3.) SIMILAR provisions were contained in Rules 35 and 36 of the Subordinate and Municipal Service Rules as well as Class IV Service Rules. It may be pertinent to mention here that earlier to these Rules, benefit of provident fund was extended to the employees whose salary was not less than Rs. 25/ - p.m. under the provisions of the Rajasthan Town Municipalities Provident Fund Rules, 1955. Those rules were later on re -framed after the commencement of the Act of 1959 and came to be known as the Rajasthan Municipalities Provident Fund Rules, 1960. It may also be relevant to mention here that before the merger of various States into State of Rajasthan, the matter about contribution towards provident fund was governed under the various State Rules such as Ajmer Merwara Provident Fund Rules, 1937, Bikaner Provident Fund Rules, Udaipur Provident Fund Rules, Jodhpur Government Service Regulation so on and so forth and to bring parity the State once again thought it proper to make Rajasthan Municipalities (Contributory Fund and Gratuity) Rules, 1969 which were brought into force w.e.f. 2nd August, 1970 and with the commencement of these Rules, the Rajasthan Municipalities Provident Fund Rules, 1960, as quoted above, were repelled. By these rules of 1969, uniformity among the employees of all types of Municipalities were sought to be enforced and an option was given to the employees of the erstwhile States to elect the Rules of 1969 as contemplated under Rule 4 of the Rules of 1969. It may be observed here that in order to have some rationality and bringing uniformity in the matter of service besides the Rajasthan Municipalities (Contributory Provident Fund and Gratuity) Rules, 1969 several other rules were brought into force such as Conveyance allowance Order No. 24 (43) LSG/61 dated 30 -8 -62, The Rajasthan Municipalities (Supply of Liveries to Employees) Rules, 1963, The Rajasthan Municipalities (Observance of Holidays and Regulating Hours of Work) Rules, 1961, Hard Duty Allowance to fire Staff No. Est/(5) F. 18 (E) (59))/68/30589 -949 dated 3 -10 -70, Staffing Pattern for Municipal Boards F. 24 (2) DLB/64 -65/42554 dated 27/28 -12 -65, Staffing Pattern for Municipal Councils F. 24 (2) Integ. DLB/66/578 -822 dated 31 -10 -66 and F. 24 (24) Integ. DLB/66/4044 dated 6 -2 -67 and Payment of House Rent Allowance Rules. On 17 -9 -87 a Gazette Notification in respect of an order purported to have been passed on 26 -5 -84 came to be passed whereby the employees of the Ajmer, Merwara Municipalities appointed/retired prior to 2 -8 -70 were granted pensionary benefits as indicated in the order. This notification has created three classes amongst the municipal employees of Ajmer State it self employees who had been appointed before 1 -11 -56, employees who have been appointed between 1 -11 -56 and 1 -8 -70 and those appointed after 1 -8 -70. A protest was lodged against the aforesaid notification as the action of the State Government was discriminatory between different employees of the Municipalities but the State Government did not pay any attention.