1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2196/2002 (K.C. Joshi Vs. State of Ra. & Ors.) Date of order : 4.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Manoj Bhandari, for the petitioner. Mr. S.S. Ladrecha, Government Counsel. Heard learned counsel for the parties. In this writ petition, the petitioner is claiming pensionary benefits for the services rendered by him as government employee. The case of the petitioner is that initially he was appointed as Physical Education Teacher and Instructor Grade-III in the year 1970 and in the year 1988, he was sent on deputation in Navodaya Vidyalaya Samiti vide Annexure-4. Thereafter, he was finally absorbed in the Navodaya Vidyalaya Samiti w.e.f. 1.5.1991 vide order Annexure-8 dated 16.1.1992. In the order Annexure-8, it is specifically stated that 2 consequent upon acceptance of technical resignation tendered by Shri Kapurchand Joshi from the post of P.T. 3rd Grade held by him in his parent organisation i.e. Govt. Sr. Secondary School, Shri K.C. Joshi TGT/PGT PET presently working in Navodaya Vidyalaya, Budwa, Distt Banswara, Raj. Is abosrbed permanently in the Samiti w.e.f. The forenoon of 1.5.1991 on the terms and conditions as already communicated vide Samiti Memorandum Number F.5-6/NVS-JR/Vol-III/9453 dated 30.8.91. In this view of the matter at the strength of Appendix-IX annexed with the writ petition by the petitioner as Schedule 'A', he has claimed pensionary benefits for the services rendered by him as government employee. In the said Appendix-IX, it is specifically provided that in pursuance of the order issued by the Central Government referred to above, the matter has been considered and the Governor is pleased to decide that the cases of the State Government employees going over to a Central Autonomous body/Statutory Body where pension scheme is in operation or vice-versa may be regulated as per the following provisions :- (i) Where a State Government employee borne on pensionable establishment is allowed to be absorbed in a Central Autonomous Body/Statutory body, the service rendered by him under the State Government shall be 3 allowed to be counted towards pension under the Autonomous body/Statutory body. The same procedure will apply in the case of employees of the Central Autonomous body/Statutory body who are permanently absorbed under the State Government. (ii) The State Government/Central Autonomous Body/Statutory body will discharge its pension liability by paying in lump sum as a one-time payment, the pro rata pension/service gratuity/Death cum- retirement gratuity for the service upto the date of absorption in the Autonomous body/Statutory body/State Government, as the case may be. The lump sum amount of the pro rata pension will be determined with reference to the commutation table laid down in the Rajasthan Civil Services (Commutation of Pension) Rules, 1996 as amended from time to time. Meaning thereby, as per the petitioner after filing technical resignation for the services rendered by him as government employee, he was entitled for pro rata pension. I have perused the aforesaid Appendix-IX. In my opinion according to the said notification, the petitioner is entitled for the pensionary benefits for the services rendered by him. In this view of the matter, the respondents 4 are directed to consider the case of the petitioner for grant of pensionary benefits in the light of the aforesaid Appendix-IX and Rule 33 of the Rules and finally decide the claim of the petitioner with regard to pensionary benefits/retiral benefits within a period of two months from the date of receipt of certified copy of this order. With the aforesaid observation/directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun