ISMAIL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TEEMING down trodden employed people are crying for justice a social justice which may really serve the cause of the people for the benefit of whom we are having an open democracy. People have a right to know and have a right to get information about the working of all the three institutions of the State, namely, the Executive, the Judiciary and the Legislature. This is a case in which a person who was employed in the year 1964 has come to the doors of the Court with a prayer that he is not getting any pension and he is on the verge of leaving the world, and there is a problem of his maintenance. The present petitioner is not only the exception, but there may be hundreds who are crying for the pension to lead a peaceful life awaiting for the day of passing over from this world. The cry of the present petitioner has not been heeded by the Pension Officer, Chief Pension Officer and for that reason he has rushed to the Court with a gloomy face and tears in eyes to show to the people that this is the fate of an employee who has served the State for a period of 16 -17 years. He is not begging but claiming a right which is available to him the right of pension the right of survival the. right of maintenance and so on. He has invited the attention of the Court also towards the fate of the persons to whom he has to feed. Mr. Bhandari appearing on behalf of the petitioner with all his vehemence at his command has placed the case of the present petitioner in a befitting way and has submitted that pension is a right of an employee who retires after serving the employer for a pretty long time.

(2.) HE further submits that a daily wage earner is a regular employee and cannot be said to be a casual labour or a work -charged employee in any way. He has invited the attention of this Court to the case of Ramesh Chand v. State of Rajasthan decided by this Court on 8 -7 -1985 and submitted that the payment of wages on daily basis is having no relevancy what so ever in the matter of regular or qualifying service. He submits that under Articles 14 and 16 of the Constitution of India the mode of payment has not been prescribed and the employer and employee may enter into a contract and the payment be made on daily, weekly, monthly, quarterly or yearly basis. The contention of Mr. Bhandari is that it is only the nature of the work which is to be looked into, and if the nature of the work is of a temporary nature, then it falls within the definition of a regular employment, and it is not necessary, according to Mr. Bhandari, that the temporary nature work should be considered as casual work. Mr. Bhandari's submission is that casual work is a work which is not a forseen work, which is a chance work, and if the work is anticipated work, then it cannot be said to be a casual work. The third contention of Mr. Bhandari is that the Rajasthan Public Works Department (B&R;) including Garde s, Irrigation, Water Works and Ayurvedic Work -charged Employees Rules, 1964 are in part ultra vires. He has also challenged the vires of the definition of the work -charged employee given under Rule 2(a) of the Rules of 1964.

(3.) THE right of pension is a right which is inherited by the employee because of his long association and service rendered to a particular institution. An employee cannot be thrown out and cannot be asked to starve when physically he becomes unfit because of the age factor. It is the solemn duty of an employer to see that the persons who have served the institution for a pretty long time and who have participated in the development of the institution in the functioning of the institution cannot be allowed and should not be allowed to starve when they are old. Pensionary benefits are the benefits' which arise out of the service conditions as a part of the service condition that after the retirement one should be given some benefits so that he can maintain himself and he can pass over to the next world peacefully without starvation. On this question, there cannot be any controversy that pensionary rights are fundamental rights of an employee which cannot be denied to him, if he has served for a pretty long time to the State and the State is bound to see that the employee will serve the State for a pretty long time as a devoted employee should not be allowed to starve and should not be allowed to pass over to the next world starving and in an agony. It is expected that even the passing over to the next world should be very peaceful and should not be of a nature which may give a feeling to an employee that he has been exploited throughout the life and he is passing over as an exploited person and there is none to care for him inspite of the fact that he has served to the best of his ability throughout his life.