RUKMANI T BHAGAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter was sent by registered post (local) on 12. 02. 2001 by the petitioner-Smt. Rukmani T. Bhagat, aged 75 years W/o Late Shri T. C. Bhagat retired Registrar of Rajasthan High Court, addressed to the then Chief Justice. It appears that this letter was placed before the then Chief Justice on 12. 02. 2001 and he passed an order on 23. 02. 2001 that this letter be treated as a writ petition and be posted before the CJ's Bench on 23. 02. 2001. Though this letter the petitioner sought directions to Government of Rajasthan to allow family pension at the rate of 30% of the minimum pay in revised pay scale of 16400-20000 effective from 1. 9. 96 for Registrar, Rajasthan High Court as allowed by Government of India vide order dated 17. 12. 1998 as per 5th Central Pay Commission recommendations on principle of equality under Article 14 of the Constitution of India. She came with the case that her husband-Shri T. C. Bhagat retired from the Government service on 17. 11. 1972 while he was holding the post of the Registrar, 1972 while he was holding he post of the Registrar, Rajasthan High Court in the selection scale 900-1800 with 24 years and 6 months service to his credit and that he had expired on 31. 10. 2000. The details have been given with regard to the pay scales of Registrar from 1976 to 1. 9. 96 as under:- From Scale 1976 1350-2200 1. 9. 81 1700-2600 1. 9. 86 3900-5300 1. 9. 87 5100-6300 with special pay 400 1. 9. 96 16400-20000

(2.) IT has been then stated that under memorandum dated 11. 06. 1998, the Director Pension and Pensioner Welfare Rajasthan, Jaipur vide Authority No. 106107 dated 3. 3. 99 revised the pension of her husband and her family pension by notional fixation in the pay scale (5100-6300 + Special pay 400) effective from 1. 9. 88 at Rs. 5500 (5100 + 400 special pay ). The 5th Central Pay Commission made certain recommendations for revision of pensions of existing pensioners/family pensioners and for implementation of 5th Central Pay Commission recommendations, the Government of India issued the following orders:- (a) O. M. No. 45/86/97/p/p 2 (A) Part II Dated 27. 10. 1997 (b) O. M. No. 45/86/pt. III Dated 10. 2. 1998 (c) F. 45 (10/98) P & PW (A) dated 17. 12. 98 (Copy enclosed as annexure-I)

(3.) THIS letter petition when came up before this Court on 23. 02. 2001, in presence of the Additional Advocate General Shri R. N. Mathur, the petition was admitted the notice was issued to Director, Pension and Pensioner's Welfare, Rajasthan, Jaipur. A copy of the letter was directed to be furnished to Shri R. N. Mathur, learned Additional Advocate General for seeking instructions from the Government. It appears that Shri M. K. Sharma, Advocate entered appearance on behalf of the petitioner on 31. 07. 2001 and thereafter, the copy of the rely to the writ petitioner was furnished to him by the State of Rajasthan on 11. 09. 2001 and this reply and this reply and affidavit in support of the reply sworned on 17. 09. 2001 was filed in this Court by learned Additional Advocate General on 24. 09. 2001. In the meantime, on behalf of the petitioner, a rejoinder to the reply bearing date 18. 09. 2001 was filed in the Registry on 19. 09. 2001, a copy was furnished to the office of Additional Advocate General on 18. 09. 2001. thereafter, when the matter came up before the Court on 20. 09. 2001, this matter was assigned to this Bench. On 24. 09. 2001, when the matter came up before this Court, it was noticed that reply had been filed and rejoinder thereto, had already been filed and, therefore, the Registry was directed to include all the pleadings in the file and the matter was posted on 25. 09. 2001. On 25. 09. 2001, learned Additional Advocate General sought time to take further instructions and the matter was directed to be listed for final disposal on 29. 10. 2001. On 29. 10. 2001, the matter was adjourned to 20. 11. 2001. On 20. 11. 2001, the matter was again adjourned to 29. 11. 2001 on the request of learned Additional Advocate General. Thereafter, when the matter came up before the Court on 4. 01. 2002. It appears that on 20. 12. alongwith an affidavit dated 22. 11. 2001 sworned by the Deputy Director, Pension Department, Government of Rajasthan, Jaipur alongwith a zerox copy of the Cabinet order under signature of the Chief Secretary to the Government of Rajasthan was filed wherein it was decided that it was not possible for the Government to give the benefits as per the Government of India's order dated 17. 12. 1998. Thereafter, the matter has been heard on different dates and the arguments were concluded.