HAJI MOHD IBRAHIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents with a prayer that by an appropriate writ, order or direction the respondents may be directed to calculate the entire services rendered by the petitioner in account i. e. with effect from 20. 4. 1965 to 31. 10. 89 in place of 1. 8. 68 to 31. 10. 89 and thereafter his pension case be re-calculated and revised pension, gratuity and other benefits be given to the petitioner.

(2.) THE facts of the case as put forward by the petitioner are as under: i) That the petitioner was initially appointed in the respondent Department (Chief Engineer, P. W. D. , Jodhpur) on daily rated basis with effect from 20. 4. 1965 and he was declared semi- permanent with effect from 20. 4. 1967. ii) Further case of the petitioner is that after attaining the age of superannuation he stood retired from the service with effect from 31. 12. 1989. He was allowed retiral benefits by taking into account his service with effect from 1. 8. 1968 and his prior service which he rendered from 20. 4. 1965 to 31. 7. 1968 as daily rated employee was not taken into account and this aspect of the matter has been challenged in this writ petition.

(3.) APART from the decision in the case of Guman Singh (Supra), this Court has taken similar view in the case of Rameshwar Lal vs. State (2), Durga Lal vs. State (3), Harbans Lal vs. State (4), Om Prakash vs. State (5), Ismail Khan vs. State