SURENDRA KAUR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) FACTS in brief are that the petitioner's husband Batan Singh was appointed as a Pump Driver on 27.1.1966 in the Irrigation Department of the Government of Rajasthan on work charge basis. He was made semi permanent on 18.11.1970. His services were regularized and he was made permanent on 3.7.1979.

(3.) THE petitioner, being the widow of Batan Singh, submitted a representation to the departmental authorities for being paid the pensionary benefits upon which she was informed by the Principal Secretary (Administration), I.G.N.P. by a letter dated 4.3.2009 Annex.10 that the pension as prayed in her representation was not admissible because the deduction towards C.P.F. had not been made from the employee's salary for the requisite minimum ten years period. It is averred in the writ petition that as Sh. Batan Singh had rendered more than 15 years of service, he was entitled to avail the benefits of the pension scheme because as per the Pension Rules, the entitlement of an employee to claim pension ripens on completion of ten years of service.