CWP-5680/1996 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R (1)SB CIVIL WRIT PETITION NO.5680/1996 S.G. Rao & ors. Vs. State & ors. (2)SB CIVIL WRIT PETITION NO.4338/2002 Vijai Singh Shekhawat Vs. The State & ors. (3)SB CIVIL WRIT PETITION NO.6061/2002 Mrs. Vinod Malhotra Vs. The State & ors. (4)SB CIVIL WRIT PETITION NO.7728/2002 S.P. Gaur Vs. The State & ors. (5)SB CIVIL WRIT PETITION NO.7729/2002 Ram Swroop Uday. Vs. The State & ors. (6)SB CIVIL WRIT PETITION NO.8550/2002 S.C. Grover. The State & ors. DATE OF ORDER : 13/07/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. RC Joshi, for petitioners. Mr. RP Singh AAG ] Mr. Pradeep Kalwania,DGC ], for respondents Mr. Anurag Agarwal ] Since common question is involved in all these writ petitions, the same are being disposed of by the present order. All the writ petitioners initially joined services in the State Government on respective posts but later on they were transferred to Rajasthan State Agro Industries Corporation and were permanently absorbed and while working in the Corporation finally retired from service. The basic issue arose with regard to determining their qualifying services for the purpose of pension and other benefits CWP-5680/1996 2 admissible to them. This Court in SB Civil Writ Petition No. 5442/1991, D.K. Bhargava Vs. State of Rajasthan & another by a detailed order dt. 03/11/1993 held and directed as under:- “In the result the writ petition is allowed. It is declared that the respondent Government has violated the right equality available to the petitioner under Article 14 and 16 of the Constitution of India by not giving him full pensionary benefits at par with those who had opted in pursuance of notice dated 25th July, 1975. The respondent Government is directed to give pensionary benefits to the petitioner at par with those who had opted in pursuance of notice 25th July, 1975. If the petitioner has not been paid the P.F. Contribution made by the Corporation he will not be required to make refund. Else he should refund the amount of P.F. The pensionary benefits are to be paid to the petitioner in terms of this order shall be so paid to him within four months of the submission of the certified copy of this order, failing which the petitioner shall be entitled to interest at the rate of Rs.12% per annum from the date of this order. Cost made easy.” Based on the judgment, referred to supra, CWP-1669/1995 filed by Shri N.C. Goyal & CWP- 1670/1995, who were similarly situated person, were allowed by the coordinate Bench of this CWP-5680/1996 3 Court vide order dated 14/02/2002 and 17/01/2002 respectively. It has also been brought to the notice of the Court that in the case of Suresh Chand Mathur CWP-2763/1992, another coordinate Bench took a different view and the writ petition was dismissed on 27/08/2001 against which Suresh Chand Mathur preferred DB Special Appeal (Writ) No. 991/2002 which was allowed on 07/11/2005 by the Division Bench holding and directing as under:- “For the reasons we allow the appeal and set aside the order dated August 27, 2001. We direct respondent Corporation to release full pensionary and other retiral benefits to the appellant at par with those 34 employees who were refereed in the communication dated November 10, 1982. The respondent Corporation shall ensure compliance of this order within 60 days from the date of receipt of this order. There shall be no order as to costs.” Counsel for petitioners submits that the issue which has been raised in the instant writ petition being covered, the present writ petitions may also be decided in the light of the judgments of which reference has been made supra. Counsel for the respondents, on the other hand, submits that the judgment, of which CWP-5680/1996 4 reference has been made, against the same DB Civil Special Appeal has been preferred which is pending consideration. However, it has not been disputed that there is no interim order operating in the Special Appeal preferred by the State/respondents. Since the dispute, which has been raised in the instant writ petitions, has been decided by the coordinate Bench of this Court and also by the Division Bench, referred to supra, the present writ petitions stand allowed in the light of the order passed in CWP-5442/1991, D.K. Bhargava Vs. State and anr, decided on 03/11/1993 and the respondents are directed to grant pensionary benefits to the respective petitioner at par with those who have opted in pursuance to the notice dt. 25/07/1975. However, if the petitioners have not been paid the PF contribution, they will not be required to make refund. Else they should refund/adjust amount of PF. However, the pensionary benefits are to be paid to the petitioners within three months of submission of certified copy of this order, failing which the respective petitioner shall be entitled for interest at the rate of 12% per annum from the date of this order. No costs. [AJAY RASTOGI], J. Raghu/p.4/ CWP-5680/1996 5 5680-CW-1996-final.doc