RAJASTHAN PENSIONERS SAMAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed for directing the State of Rajasthan to provide the widows of the Contributors of Jodhpur Provident Fund an opportunity to opt for family pension and for paying family pension to them on their so opting on and from the date the Contributors of Jodhpur Provident Fund have been given the pensionary benefits. The case of the petitioner may be summarised thus.

(2.) THE petitioner is the Jodhpur Branch of the Rajasthan Pensioners Samaj. Its members are pensionholders of Rajasthan including the contributors of the erstwhile Jodhpur Contributory Provident Fund. THEse contributors filed a writ petition praying that they should be given an opportunity to opt for pensioary benefits. It was allowed on September 3, 1985. THE State of Rajasthan filed an appeal. It was dismissed by a Division Bench of this Court on March 11, 1987. THE judgments of the Single Bench & the Division Bench are reported in Retired Contributory Provident Fund Holders, Jodhpur v. State of Rajasthan, 1986 (1) W. L. N. 633 and State of Rajasthan v. Retired C. P. F. Holders Association, Jodhpur, 1987 (1) W. L. N. 476 (D. B.) respctively THE special leave petition filed by the State Government was also dismissed by the Hon'ble Supreme Court. In compliance of the judgment of this Court, memorandum Anx R/l was issued by State Government on October 17, 1987. Another Memorandum Anx. 1 simplifying the procedure for the grant of pension to these contributors of provident fund was issued on March 8, 1988 and options were invited from these contributors. Shri Suraj Karan Mathur retired as office Superintendent. Collectorate, Sirohi on August 4, 1967 and died on August 30, 1985, leaving behind his widow Smt. Chandkaur Mathur. She moved an application Anx. 2 for the grant of family pension. List enclosed with the writ petition contains the names of ten widows of the retired similar Government employees. THE President of the petitioner also requested the Director, Pension, Rajasthan, Jaipur to grant family pension to these widows. THE Government of Rajasthan has issued an order 3 dated March 10, 1987 for the grant of pension to the widows of the workcharged employees subsequently absorbed on regular post and dying without exercising option for pension. If the husbands of these widows had been alive on the date on which the Anx. R/1 was issued, they would have opted for the pension. THE widows of the persons who were alive on the date of the order Anx. R/l are getting pension but not the widows whose husbands died prior to the issuance of this order. THE denial of family pension to those widows is clerly arbitrary It is a hostile discrimination. This situtation is a creation of the State of Rajasthan itself.

(3.) THERE is also no force in the objection that the petitioner had alternate remedy before the Service Appellate Tribunal. It cannot be disputed that the prayers sought by the petitioner could not be granted by the Service Appellate Tribunal.