BHURI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition was received by post from one Smt. Bhuri Bai widow of Gamera, Hiran Magri, Sector 5, 2 M 43, Udaipur. This petition, was registered and the notices were issued to the respondents.

(2.) THE brief facts, which are necessary for the disposal of this petition, are that the petitioner is widow of one Shri Gamera. Shri Gamera was appointed by the Assistant Engineer (Irrigation) Sub -Division, Girwa, Udaipur on 16.1.1970 as a work charge employee and he was declared semi -permanent with effect from 16.1.1970. Shri Gamera expired on 13.2.1981 while he was semi permanent work charge employee. Late Shri Gamera died before he could be declared permanent. Wife of deceased Gamera applied for pension but the same was denied to her because late Shri Gamera was not declared permanent, therefore, he was not entitled to pension.

(3.) THIS Court in two cases, namely, Sujan Singh v. State and Ors. Writ Petition No. 1258 of 80, decided on 9.4.1991 reported in W.L.R. 1991 (s) Raj. 340, and in Smt. Subhadra Devi v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 30/1989, decided on April 1, 1992, has taken the view that all the work -charge employees who had completed 10 years of service shall be deemed to be in permanent service and will be entitled to all pensionary benefits under the Pension Rules.