JAIPUR NAGAR NIGAM AND ORS. Vs. MOHAN LAL

JUDGEMENT

(1.) Instant intra -court appeal has been preferred against order of the learned Single Judge dt. 27.05.2004 directing the appellant to consider case of the respondent employee for grant of pensionary benefits of 32 years of qualifying service which he rendered in accordance with Rules.

(2.) The brief facts which are necessary & culled out to consider the controversy are that the respondent who is almost a illiterate person initially appointed as class -I V employee in the Municipal Board Jaipur on 31.5.1958 (now the Jaipur Municipal Corporation). He was suffering from Recurrent Efrisodes of Allergic Asthma and was under the regular medical treatment and because of his medical illness he submitted application Annx. 1 dt. 25.10.1990, it appears to be a typed copy and the blanks have been filled in and he showed his intention that he is working in the cadre of class -I V and because of his old age he is unable to serve and wanted to be relieved from the job and because of the aforesaid reason he has shown his inclination to resign and his application was accepted by the authority vide letter dt. 21.12.1990 and the department has shown its concern about the fact that the respondent employee is unable to serve and a composite order was passed by the authority of the Jaipur Municipal Board dt. 21.12.1990 while accepting his request granted appointment to one of his son Manak Chand as Safai Karam achari in the regular pay -scale -750 -12 -798 -13 -850 -15 -940.

(3.) It is not disputed that the post which was held by the respondent employee of class -I V in Jaipur Municipal Board is a pensionable post and the qualifying service of 32 years rendered he was eligible for full pension and other retiral benefits. I t is also not the case of the appellant that there was any enquiry departmental/judicial pending or there was any reason for which his request to be relieved from the job would have been denied to him and even for the payment of gratuity he had approached to the prescribed authority and under order of the prescribed authority he was paid his gratuity and interest vide order dt. 01.01.1998 after almost 8 years of his relinquishment from the j ob.