ASSOCIATION OF RETIRED EMPLOYEES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the Association of Retired Employees of Municipal Council, Jodhpur on behalf of its Members, whose names, dates of appointment, dates of retirement and other particulars are mentioned in Schedule -I appended to the writ petition. The members of the petitioner Association were contributors to the erstwhile Jodhpur Provident Fund as also to the Contributory Provident Fund. They retired from service after receiving. The amount credited to their Provident Fund Accounts during their service period. Although, they were initially appointed to the Jodhpur Municipal Council but on merger of the erstwhile state of Jodhpur with the State of Rajasthan, the Government of Rajasthan took control of the Jodhpur Municipal Board but the employees were governed by the conditions mentioned in the Jodhpur Municipalities Act. 1943 (hereinafter referred to as 'the Act'). It is alleged that while serving Jodhpur Municipal Council, they were the servants of the erstwhile Jodhpur State and on merger of the Jodhpur State with the State of Rajasthan, they became the employees of the Govt. of Rajasthan and continued to be so till the options were invited from they in the year 1953 i.e. on 31.3.1953 whether they want to remain in Govt. service or they want to opt for the services of Jodhpur Municipal Council.

(2.) THE members of the petitioner -Association opted for the services of Jodhpur Municipal Board which later became Municipal Council. After the Rajasthan Municipalities Act, 1959 (for short 'the Act of 1959') came into force, two sets of Rules were promulgated by the Govt. of Rajasthan, they are Rajasthan Municipal Services Rules, 1963 and the Rajasthan Municipal Subordinate Ministerial Service Rules, 1963. It is alleged that so far as Jodhpur Contributory Provident Fund is concerned, no deductions were made from the salaries of Shri Ratanlal, Balkishan Bissa, Balkishan Trivedi, Sheo Dutt and Manak Raj till February 1960. Similarly deductions from the salary of Shri Govind Swaroop were not made till the year 1966 and the Municipal Board also did not make its matching contributions.

(3.) IT has been contended that certain employees of the Ajmer -Merwarda Municipalities have been allowed an opportunity to opt for pension. According to the petitioner -Association, one Shri Bhaglrath Sharma also filed a writ petition before this Court praying therein that he should also be given an opportunity to opt for pension. He was initially a member of the Dungarlancer of the erstwhile State of Bikaner and his services were put at the disposal of the Bikaner Municipality on deputation. He was later on transferred to various Municipalities and eventually retired from service with Provident Fund. His writ petition was allowed and it was directed that he should also be given an opportunity to opt for pension in the same manner as option was given to the employees of the erstwhile Ajmer -Merwara Municipalities. Of course, in reply to the writ petition filed In Bhagirath Sharma's case, it was contended on behalf of the State of Rajasthan that option was given to the employees of the erstwhile Municipalities of Ajmer -Merwara is they were entitled to get pension as per the Central Civil Services Regulations before the merger of Ajmer -Merwara with the Rajasthan State.