SBCWP NO.9141/2005. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9141/2005. Bane Singh Vs. Chief Engineer, Raj.Rajya Vidyut Vitran Nigam Ltd. and another Date of Order :- 20/8/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Suresh Kashyap for the petitioner. Shri Virendra Lodha for the respondents. **** BY THE COURT:- This writ petition has been filed by petitioner Bane Singh with the prayer that action of the respondents in not giving him pension on the post of Meter Reader, be declared as illegal and accordingly they may be directed to pay to him pension of the post of Meter Reader. 2) It is contended by Shri Suresh Kashyap, learned counsel appearing for the petitioner that the respondents issued an order on 8/3/1993 wherein pay fixation of the petitioner was made in the post of Meter Reader and yet, his pension has illegally been computed treating him to be Helper Grade-I. The petitioner retired from the services of the respondents on 31/12/1990 and represented the respondents but the SBCWP NO.9141/2005. 2 respondents did not decide the matter for such a long time and therefore he has to now approach this Court. Learned counsel for the petitioner further contended that though the writ petition has been filed after 15 years after the date of retirement but right to pension is a recurring cause of action therefore delay by itself may not defeat the claim of the petitioner. 3) Shri Virendra Lodha, learned counsel appearing for the respondents contested the case of the petitioner and submitted that writ petition is liable to be dismissed because it has been filed almost 15 years after the date of retirement. Reference was made to the orders dated 17/10/1986 and 12/11/1986 enclosed with the reply to writ petition. It is contended that petitioner was never holding the post of Meter Reader and that in any case he cannot be appointed on the post of Meter Reader because the minimum qualification for appointment on such post is Secondary whereas, petitioner is only Matric pass. 4) While the petitioner has produced document of 1983 to show that his pay fixation was made in 1983 as Meter Reader but respondents on the contrary have produced four documents of 1996 to show that in each of the documents, the petitioner has been shown as Helper Grade-II. 5) Document Annexure-1 relied on by the petitioner is a document relating to proposal of fixation of the employees on the post of Meter Reader SBCWP NO.9141/2005. 3 containing names of seven persons including the name of petitioner though in the bottom. It is written therein that “information in respect of the other technical workmen of this sub-division who are performing the duties of Meter Reader” wherein petitioner was shown to have been performing the work on the post of Meter Reader but this document on the strength of which, petitioner is basing his claim for giving him pension on the post of Meter Reader, does not prove his appointment on that post. Besides, the writ petition has been filed with enormous delay, thus claim of the petitioner cannot be entertained. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil