MR. NARAYAN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By this petition for writ the petitioner is claiming post retiral benefits including pension as he retired from services w.e.f. 26.6.1992 after serving respondents for a period of more than 18 years.

(2.) The contention of the petitioner is that he entered in the services of the respondents on 10.11.1973 being appointed as a daily rated employee. Regular pay scale was sanctioned to him under an order dated 27.11.1974. The petitioner was also allowed the increments as and when he became entitled for the same. A personal pay of Rs.30.00 was also allowed to him w.e.f. 7.11.1989 as he reached at the maximum of running pay scale in the year 1989. According to the petitioner he was entitled for grant of pension as provided under Rule 22-A of the Rajasthan (Public Works Department, B & R. Gardens including Irrigation, Water Works and Ayurved Department) Work-charged Employees' Service Rules, 1964 (hereinafter referred to as "the Rules of 1964").

(3.) A reply to the writ petition has been filed on behalf of the respondents stating therein that though the petitioner completed 18 years of service but the pension was not allowed to him as he was not conferred with permanent status under the work-charged Rules, 1964. According to the respondents under Rule 22-A of the Rules of 1964 a permanent work-charged employee is having right either to opt for contributory provident fund or for pensionary benefits. The petitioner being a semi permanent employee was not entitled for such post retiral benefits.