ATAUR REHMAN Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The petitioner was appointed as LDC in the Rajasthan Board of Muslim Wakf (hereinafter referred to as 'the Wakf Board') vide order dated 27.01.1968. He was promoted on the post of UDC with effect from 01.04.1971 vide order dated 25.03.1971. Thereafter, he was officiating Office Superintendent with effect from 05.06.1991 and was confirmed as such with effect from 15.05.1992. Subsequently, he was promoted on the newly created post of Assistant Secretary vide order dated 20.10.1995. He superannuated from service on 30.04.2003 upon completion of 58 years of age. The petitioner has sought a direction to the respondents to pay him pension in lieu of his service rendered with respondent No.2/Wakf Board.

(2.) Learned counsel for the petitioner has submitted that the Wakf Act, 1995 (hereinafter referred to as 'the Act') empowers the Wakf Board to pass the Resolution and frame a policy for the benefit of its employees. He further contended that the Chairman of the Wakf Board had taken a decision on 04.01.1980 to grant pension and other benefits to its employees at par with the employees of the State Government. This Resolution had also been approved by the Wakf Board. It is, thus, incumbent upon the Wakf Board to grant pension to its employees, who have rendered service with the Wakf Board as the object for setting up of Wakf Board is to ensure the general well being of the destitute and needy. Therefore, the petitioner was legitimately expecting that he would be paid pension at par with the employees of the State Government.

(3.) Per contra, learned counsel appearing for respondents have contended that there is no provision under the Act wherein the employees of the Wakf Board are entitled to pension and the petitioner has been granted the retiral benefits including gratuity and contributory provident fund. In support of their submission, they have also relied upon the judgment of a coordinate Bench of this Court in the case of Amzad Ali Khan Vs. Rajasthan Board of Muslim Wakf [S.B. Civil Writ Petition No.905/1986, decided on 05.07.1994].