LOCHAN VISHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the communication dt. 10.4.89 (Annex. 5) by which he is informed that under the present Rules, he is not entitled to any pension and therefore, his case is dropped.

(2.) THE petitioner was appointed as Lower Division Clerk in the P.W.D. on 1.11.1938, since then he is working in the said department in accordance with the provisions of Rule 244 of the Rajasthan Service Rules, 1951 (hereinafter referred to as the Rules').

(3.) THAT on 17th October, 1987, a memorandum was issued by the State of Rajasthan in the Finance Department regarding grant of option to the employees of the State who retired availing themselves of the retiral benefits under the Jodhpur Contributory Provident Fund Rules to come over to pensionary benefits under the Rajasthan Service Rules, 1951. Since the petitioner was a Member of the Jodhpur Contributory Provident Fund and has retired after coming into force of the Rajasthan Service Rules, 1951 from 1.4.955 was entitled to exercise this option. Accordingly the petitionary exercised his option and chose to take up pensioner benefits under the Rules. His application was duly forwarded on 23.4.1988 by the Superintending Engineer, P.W.D. Circle -I, Jodhpur with necessary papers. However, the petitioner was informed by the impugned communication that he is not entitled to pension under the existing rules and therefore, this case is dropped.