RAJENDRA NATH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A common question is involved in both the aforesaid writ petitions, therefore, they are decided by this common order.

(2.) THE main question arising for consideration in the Instant petitions is that whether the services rendered by the petitioners from the date of initial appointment from 1964 to 1976 can be treated as qualifying service for the purpose of pension, in view of the Rule 10 (2) of the Rajasthan Agriculture Produce Market Service (Pension) Rules, 1995, (hereinafter referred to as to " Rules, 1995") or from the date of the Contributory Provident Fund.

(3.) IT was further mentioned that the Government vide notification dated 30. 5. 1979 published the Draft Rules, in the Rajasthan Gazette dated 7. 6. 1979, for amendment in the Rules of 1975, intending to make contribution to CPF provident fund, since the date of appointment of the employees but the same could not be materiallsed for not making the final publication and the employees of the mandi Samiti were deprived form making contribution to the CPF since their initial date of appointment, for which no fault could be found with the employees, like petitioners, it was the responsibility of the Mandi Samiti to deduct CPF from the salary of the petitioners from the date of initial appointment till the date of retirement, but the contributory amount was stated to deduct w. e. f. 1. 3. 1976, so petitioners are not responsible for this cut-off date as determined by the department, otherwise, in case, specific rule is framed, then the petitioners were under an obligation to give contribution of the amount since the date of their initial appointment, till the age of superannuation.