BHAGWANI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner who is widow of late employee of the Municipal Board, Alwar, has filed this writ petition in the matter of interpretation of Rules 35 and 36 of the Rajasthan Municipal Service Rules (for short 'Rules of 1963) read with Rajasthan Service Rules, 1951 (for short the 'R.S.R.') on the grounds inter-alia that the petitioner's late husband was appointed in service of the Municipal Board, Alwar .on 19.8.1947 on the post of 'Khallasi' and he expired on 5.12.1983 after having completed nearly 36 years of service with the. Municipal Board. At the time of the death of the petitioner's husband, his service conditions were governed by the Rules of 1963. Under the said Rules, provision was made for provident fund, pension etc. . and for the sake of convenience and ready reference the said Rules are reproduced herein below as under:

(2.) In order to bring uniformity amongst the employees of the Municipalities who were governed by Rules of 1963 as well as by the Rajasthan Town Municipalities Provident Fund Rules of 1965 an option was invited from the employees of the said Municipalities serving in erstwhile States to opt the Rules of 1965 as contemplated under Rule 4 of the Rules of 1969. Several other Rules were also brought into force with a view to have some rationality and , uniformity in the matter of service conditions of the employees.

(3.) On 17.9.1987 a gazette notification in respect of order dated 26.5.1984 was passed whereby the employees of Ajmer Marwar Municipalities who were appointed/retired prior to 2.8.1970 were granted pensionary benefits as indicated in the gazette notification dated 17.9.1987 published in the Rajasthan Gazette. A perusal of the said gazette notification marked Annexure 1 to the writ petition reveals that the Director Local Self Government issued the said notification in supersession of earlier orders in accordance with the Rajasthan Municipal Rules. 1959 for the benefit of those employees who were appointed and retired from services of the Municipal Boards prior to coming into tor of the said Rules. Such employees were entitled to grant of pension in the following manner: <FRM>JUDGEMENT_72_LAWS(RAJ)5_19971.html</FRM> Under Rule-5 of the Rules of 1989 :