MITHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India on 1. 10. 2002 against the respondents with a prayer that by an appropriate writ, order or direction the entire period of service of the petitioner from 1. 4. 1958 to 30. 6. 1995 be counted towards fixation of pay, promotion, selection grades on completion of 9, 18 and 27 years of service, gratuity and pensionary benefits etc. and the order dtd. 2. 8. 1996 (Annex. 12) by which service of the petitioner for the purpose of pension were counted from 1977 to 1995 and not from 1. 4. 1958 be quashed and set aside and the respondents be directed to issue fresh PPO in respect of the petitioner by counting his entire service for the period from 1. 4. 1958 to 30. 6. 1995.

(2.) IT arises in the following circumstances: (i) That the petitioner was appointed on the post of Secretary, Gram Panchayat Nawania, Panchayat Samiti Bhinder, Dist. Udaipur on 1. 4. 1958 and there he had worked till 23. 12. 1977 at the consolidated salary of Rs. 30/- per month. (ii) That in the year 1961, the Government of Rajasthan divided the work of development and Nyay (Judiciary) and constituted a Nyay Panchayat constituting of five gram panchayats i. e. Nawania, Rudeda, Bana, Baroda, and Kikawas having its headquarter at Nawania Nyay Panchayat, Panchayat Samiti Bhinder, Dist. Udaipur. The petitioner was appointed as Secretary to this Nyay Panchyat having its headquarter at Nawania and he was paid monthly honorarium of Rs. 40/ -. (iii) Further case of the petitioner is that he had worked as Secretary, Nyay Panchayat, Nawania from 15. 2. 1961 to 5. 12. 1975 and by the order of Government of Rajasthan, Nyay Panchayat was abolished in December, 1975 and the petitioner handed over the charge of articles in his possession to the President. Copies of list of articles handed over to President, Nyay Panchayat, Nawania and Vikas Adhikari, Panchayat Samiti Bhinder dtd. 5. 12. 1975 are marked as Annex. 2 and 3 respectively. (iv) Further case of the petitioner is that the petitioner while rendering his services to Gram Panchayat, Nawania as well as Nyay Panchayat, Nawania had also rendered services on the post of Sub-ordinate Secretary to Gram Panchayat, Daroli, Panchayat Samiti, Bhinder, Dist. Udaipur for the period from 1. 4. 1962 to 3. 8. 1967 and he was paid honorarium of Rs. 40/- per month in addition to the honorarium, he was paid for the post of Secretary to Gram Panchayat, Nawania and Secretary to Nyay Panchayat, Nawania. (v) Further case of the petitioner is that the petitioner had also worked on the post of Secretary, Gram Panchayat Adinha, Panchayat Samiti Bhinder Dist. Udaipur for the period from 1. 4. 1965 to 23. 12. 1977 and during this period, he was paid honorarium of Rs. 30/- per month. (vi) Further case of the petitioner is that Rajasthan Panchayat and Self Government Sub-ordinate services Commission, Jaipur vide its order dtd. 26. 5. 1977 invited applications for the post of Group Secretary/gram Sewak and Secretary. A copy of advertisement dtd. 26. 5. 1977 is marked as Annex. 8. (vii) Further case of the petitioner is that in pursuance of advertisement (Annex. 8), the petitioner submitted an application form (Annex. 9) on 9. 6. 1977. (viii) Further case of the petitioner is that vide order dtd. 23. 11. 1977 (Annex. 10), the petitioner was appointed on the post of Group Secretary, Gram Panchayat Baiathal Head quarter under which four Gram Panchayats viz. Baiathal, Dhamaniya, Vallabhnagar and Kikawas fell. (ix) Further case of the petitioner is that he joined the duties on 24. 12. 1977 at Gram Panchayat, Baiathal in pursuance of advertisement (Annex. 8) and order dtd. 23. 11. 1977 (Annex. 10 ). (x) Further case of the petitioner is that he had retired from the services on 30. 6. 1995 vide order dtd. 30. 6. 1995 (Annex. 11 ). (xi) Further case of the petitioner is that pension payment order dtd. 2. 8. 1996 (Annex. 12) was issued by the respondent No. 4 (Joint Director of Pension, Jaipur) whereby his services for the purpose of pension were counted from 23. 12. 1977 to 30. 6. 1995 and not from 1. 4. 1958 to 30. 6. 1995. Hence, this writ petition with the abovermentioned prayer.

(3.) THERE is also no dispute on the point that through order 30. 6. 1995 (Annex. 11), the petitioner retired from the services on attaining the age of superannuation.