MANGI LAL OJHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed in the representative capacity by the erstwhile employees of Bundi Nagar Palika with the prayer that the pensionary benefits should be accorded to the retired employees of Nagar Palika, Bundi after adjusting contribution in the Provident Fund paid to them by the Municipality against the arrears of total amount of pension, to which they are found entitled from the date of their retirement. The further prayer is that future pension should also be allowed in accordance with the provisions of Rajasthan Service Rules, 1951 with the benefit of commutation of pension etc. including all other facilities which are given to the Government servants. It is also prayed that Rules 3 and 4 of the Rajasthan Municipal Service (Pension) Rules, 1989 be declared ultravires and all erstwhile employees be declared eligible for pension.

(2.) MR . A.K. Sharma, learned Counsel appearing on behalf of petitioners, has placed on record the judgment dated February 26, 1991 rendered in Rajasthan Nagar Palika Seva Nirwat Karmchari Sangh v. The State of Rajasthan and Ors., S.B. Civil Writ Petition No. 288/1989. Learned Single Judge of this Court has observed in the said judgment as under:

(3.) AFTER having heard the rival submissions and considering the material on record, I find that the instant case of erstwhile Karmchari of Nagar Palika, Bundi is not distinguishable with that of the case of Rajasthan Nagar Palika Sewa Nirwat Karmchari Sangh. I am of the considered opinion that erstwhile employees of the Nagar Palika, Bundi who have since been retired are entitled to the pensionary benefits.