JAGAT PRAKASH ROY BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the above named petitioner for violation of his fundamental rights under Article 14, 16 and 21 of the Constitution of India who is an old man of about 84 years and physically handicapped in the last span of his existence, a poor person with no help from anybody and passing the last days of his life in acute pain and agony for want of pension, since his basic means of livelihood have been taken away by the instrumentality of the State, viz, the department of industries, Government of Rajasthan, Jaipur.

(2.) THE facts giving rise to the filing of this writ petition, briefly stated are that the petitioner was appointed as a Weaving Instructor, Panchayat Samiti, Masuda on 23.3.1956 in the erstwhile State, of Ajmer which was merged into the State of Rajasthan on 1.11.1956. He was allowed to continue on the same post by the department of industries in panchayat samiti, Masuda. While in service he remained posted at various places and on reaching the age of superannuation, i.e., 55 years as then he retired from service w.e.f. 1.7.1967 but the notional period of 3 years' of service was allowed to be added, i.e., 58 years and thus his qualifying service for the purposes of pension is 14 years 7 months and 8 days. It is rather unfortunate that inspite of the petitioner having served the department of industries for over 14 years he was not confirmed and his services were not regularised by the department, as a consequence of which he was not given the benefit of pension. The petitioner had made several representations for confirmation and regularisation but all turned to deaf ears of the authorities.

(3.) A perusal of the order passed by the Tribunal reveals that in the reply filed before the Tribunal the respondents took the plea that the petitioner being a temporary employee was not entitled to pension according to the then existing Rules, intimation of which was given to him on 4.12.1968 and that he was only entitled to get gratuity which has since been disbursed to him. On behalf of the petitioner it was urged before the learned Tribunal that entitlement of pension is a fundamental right of a government servant which cannot be denied to him In terms of judgment of this court in the matter of Ismail Khan v. State of Rajasthan &, Others 1986 RLR 24 and it was further argued that there is no impediment in making the post of Weaving Instructor permanent even prior to the date of petitioner's retirement for which reliance was placed by the petitioner on the judgment of Punjab and Haryana High Court in the matter of Pritam Singh v. Union Territory Chandigarh and Others: 1986 (1) SLR 621.