OMKAR LAL Vs. RAJASTHAN STATE ELECTRICITY BOARD JAIPUR

JUDGEMENT

(1.) THE petitioner Omkar Lal was initially appointed as 'coolie' in the erstwhile Jodhpur State in the Jodhpur Electrical and Mechanical Departmental the Jodhpur Ice Factory in the year 1943. On integration of the States, the services of the petitioner were taken over by the Industries Department of the pre-organised State of Rajasthan. Later, he was transferred as a mate in the establishment of training under the industries Department, Jaipur. However, on his representation that as he came from the Electrical and Mechanical Department of the erstwhile Jodhpur State, he should be placed under the Electrical Department i. e. the Electricity Board and not at the disposal of the Industries Department, the Chief Engineer, Rajasthan State Electricity Board, Jaipur wrote to the Superintending Engineer, Jodhpur circle, Rajasthan Electricity Board, Jodhpur to absorb him as Helper I in Generation Division and it appears that thereupon he came to be posted in the Electricity Board.

(2.) THE case of the petitioner is that in the year 1963, Industries Department had invited options from the employees whether they wanted to have pension or to contribute to the Provident Fund and the petitioner had given his option in favour of pension. This fact has, of course, been denied by the Board in its reply, however, it does appear that after his absorption as a helper and his seniority was determined with effect from 18. 10. 62, he did sent a representation that although his seniority may be counted from 13. 10. 62, his previous service since 5. 10. 43 must be counted for the calculation of his pension, this seniority should not affect his pension. In reply to this assertion, the Board has admitted the receipt of this letter but has only raised an objection that this cannot be said to be the exercise of an option as the option has not been subm-itted in a proper form prescribed for the purpose. THE case of the petitioner further is that thereafter on 15. 10. 72 again options were invited from the emplo-yees of the Board, who had been absorbed in pursuance did submit his option in favour of pension. In reply, of course, this fact has also been denied by the Board but in rejoinder the petitioner has specifically averred that the option had been submitted by him in the month of December, 1972 to one Om Kalla, who was officer-incharge at that time in the office of the respondent at Jodhpur. No reply to this rejoinder has been filed. It is also stated by the petitioner that even after retirement, he had submitted certain representations for preparing his pension case alleging that he was entitled to pension as he had already opted for the same and even while he was under the employment of the Ice Factory at Jodhpur, he was entitled to pension and that no deductions were ever made from his salary for the Provident Fund, either while he was in the Ice Factory or the Industries Department or the Board. THE copies of two of such representations have been filed as Annx. 5 and 6. THE receipt of these representations has been admitted by the Board and in reply, all that has been stated is that since the case of the petitioner was not governed under the rules as circulars issued by the Board from time to time, these representations hove no force. It is further stated by the petitioner that the Board also did not contribute towards the Provident Fund from time to time as required under the rules of the Provident Fund and, therefore, the petitioner was entitled to the pensionary benefits. THE case of the petitioner further is that till his retirement he was never informed that he was not entitled to pension, rather, on his retirement the Executive Engineer. Rajasthan State Electricity Board, Jodhpur had also got the photo of the petitioner for preparing his pension case. . In reply the Board has, of course denied that the Executive Engineer had asked for the photo of the petitioner for preparing the pension case.

(3.) THE contention of the learned counsel for the respondent Board, based on regulation 19 of the Regulations that services of the employees of the Board shall be non-pensionable, provided that such employees whose services were transferred to the Board vide Rajasthan Government order No, PW. (B) Deptt. No. 13/osd/elec. Bd. dated 12. 2. 57 and who were holding permanent posts in substantive capacity on the 1st July, 1957, shall have a right to opt for pension, and in respect of such employees who opt for pension, the pension will be regulated by the Pension Rules of Rajasthan Government as amended from time to time, Pension allocation may be done between the Board and the Government in accordance with the principles as may he mutually agreed upon, and since the petitioner had not opted for pension, he is not entitled to pension cannot be accepted. In the first place, as already stated above, it does appear that the petitioner had exercised his option, in the second place, even if such option had not been exercised by the petitioner in pursuance of the notice dated 28. 10. 72 he must be deemed to be have already exercised that option on 1. 4. 68 when he submitted letter Annx. 3.