IMAM ALI Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The petitioner who had render his services with three departments in the erstwhile State of Bundi prior to its merger with the State of Rajasthan in the year 1948 namely; Departments of Revenue in Tehsil Nainwa, District Bundi, (ii) the Police Department, District Bundi and (iii) the Municipal Board, Bundi in Class-IV has moved this Court by way of instant writ petition on the grounds inter-alia that he had joined the State services in the erstwhile State of Bundi in the year 1917 and joined the Police Department in Nov., 1934 as a Constable and discharged his duties on the said post till 17.11.1935. It has further been contended that the services of the petitioner prior to the merger of the erstwhile State of Bundi with the State of Rajasthan in the year 1948 were transferred to the Judicial Department in the year 1938 and subsequently to the office of District Magistrate-cum-Collector, Bundi in the year 1941. It is only during the period 1934-35 that he had served with the Police Department and as per the summoned record which has been perused by me, he tendered his resignation on 18.11.1935 which was accepted by the Police Department vide Annexure R/1 which has been filed by the respondents alongwith their additional affidavit which has been placed on record. I have also examined the summoned record from which it is clearly apparent that the petitioner had worked with the Police Department in the erstwhile State of Bundi till 17.1.935 and he had voluntarily tendered his resignation which was accepted by the department as on 18.11.1935. It is pertinent to mention that the affidavit which has been filed by the petitioner in support of the writ petition, he has solemnly affirmed that he had worked with the Municipal Board at Nainwa from 1930 to 1.4.1948 whereas, in the additional affidavit which has subsequently been filed in this Court he has come out with a new case that he was initially appointed in Tehsil Nainwa in District Bundi as Class-IV servant where he worked upto 1928 and, thereafter was transferred to Police Department as Constable where he worked till 1935. The further deposed that he had served with the Municipal Board, Bundi where he worked upto 1937 at Nainwa and, thereafter, in the Settlement Department under the orders of Settlement Commissioner. It is pertinent to mention that in the year 1948 the petitioner was declared surplus and not given any assignment in the department in which he last worked and was not taken back on duty thereafter. Consequent to the above, the petitioner raised the dispute that he has not been paid his pensionary benefits by the respondents.

(2.) Although, it was not possible for this Court to deal with the petitioner's case in absence of specific details on the record, by way of abundant caution it was deemed proper to direct the respondents to furnish the complete record for the perusal of this Court for the relevant period in dispute which would justify the contention of the petitioner as regards the actual period of qualifying service rendered by him in the aforesaid departments of the erstwhile State of Bundi which would entitle him for payment of pension in accordance with rules. During the course of hearing, learned counsel for the petitioner has placed reliance upon Rule 180 of the Rajasthan Civil Services (Commutation of Pension) Rules, 1.981 (hereinafter referred to as the 'Rules of 1981') particularly, the Government's decision No. 25 dated 1.8.1986 issued by the Finance Department of the State as per which only those persons would be eligible for being considered entitled for their pensionary benefits who fulfill the following eligibility requirements:

(3.) I am of the considered opinion that the aforesaid notification is of is of consequence or help to the petitioner since it stands omitted in the Rules -A 1981 which are applicable to the petitioner's case and which has been relied upon by the learned counsel for the petitioner in support of his contention. From the perusal of the summoned record, I have also noticed that tile petitioner was given fresh appointment in the erstwhile State of Bundi on a vacant post w.e.f. 1.4.1936 by the Deputy Commissioner, Nainwa where lie worked till 1943 and w.e.f. 1.8.1943 some new incumbent on the post of which the petitioner had earlier worked in the Revenue Department was appointed which obviously implies that the petitioner had ceased to be in the employment of the State w.e.f. 1.8.1943 when a new incumbent namely; Nathu S/o Birdha had joined the services of the State in the Revenue Department as per the record which has been perused by this Court. Thereafter, there is no entry in the record which would establish the continuity of the petitioner in the services of the State. It is pertinent to mention Rule 179 and 180 of the Rules of 1981 which provide the eligibility condition/condition of qualification which would qualify a Government servant for his eligibility to pension, which are as under: