BISMILLAH Vs. RAJASTHAN RAJYA VIDHYUT PRASARAN NIGAM LTD.

JUDGEMENT

(1.) LATE Shri Farid Khan entered in the services of erstwhile Jodhpur State on 17.10.1946 and on merger of the State of Jodhpur with the State of Rajasthan, he became an employee of the State of Rajasthan. His service came to be absorbed with the services under the Rajasthan State Electricity Board on 25.10.1972, wherefrom he retired on 14.11.1973. On 21.1.1977, by Notification dated 31.1.1977, the Government of Rajasthan invited options from the work charged employees taken on regular cadre to switch over to the provisions of pension, as per the Rajasthan Service Rules, 1951. The petitioner considering himself a Government servant made a request on 30.4.1977 to switch over to the provisions for pension from the Contributory Provident Fund Scheme. Shri Farid Khan unfortunately died on 13.10.1979. The appellant widow of Shri Farid Khan received amount of Contributory Provident Fund in February, 1991. After receiving the Contributory Provident Fund, she approached this Court by way of filing petition for writ to claim pensionary benefits in pursuance to the option said to be exercised by her husband as per notification dated 31.1.1977.

(2.) THE case of the petitioner before learned writ Court was that her husband Shri Fared Khan opted for pension in pursuant to the Notification dated 31.1.1977, therefore, she should have been allowed Family pension and also all the arrears pertaining to the pension that would have been given to her husband. Learned Single Bench after examining the notification dated 31.1.1977, arrived at the conclusion that the same is having application for the work -charge employees and the Government servants who remained work charged employee at one point of time and not to the other Government servants. Learned Single Bench, while rejecting the claim of the petitioner for Family Pension and arrears of pension pertaining to her husband, allowed ex -gratia payment in light of the judgment of Hon'ble Supreme Court in Retirement Contributory Provident Fund Holders Association Jodhpur v. the State of Rajasthan reported in WLR, 1991 (S) Raj. 32.

(3.) IN appeal the arguments advanced by learned counsel for the appellant is that notification dated 31.1.1977 in quite specific terms refers to "Government Servant" and, Late Shri Farid Khan remained a Government servant before permanent absorption of his service with Rajasthan State Electricity Board, thus, the notification dated 31.1.1977 is having absolute application in the instant matter.