1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.1046/1996 (Chatturbhuj Vs. State & Ors.) Date of Order :: 30.07.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.D.K. Parihar, for the petitioner. Mr.Arjun Singh, Dy. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, petitioner has prayed for calculating his service period rendered by him as work-charge employee for the purpose of qualifying service of pension as well as other benefits from 01st November, 1954 to 01st May, 1966. Learned counsel for the petitioner has invited attention of this Court towards judgment of learned Single Judge rendered in S.B. Civil Writ Petition No.987/1994 (Madan Singh vs. State & Ors.) decided on 26th February, 1996 in which it has been held that irrespective of the date from which the CPF is deducted the pension has to be paid after taking into 2 consideration the entire service rendered by an employee as work charge employee. The judgment reads as under:- “The petitioner was initially appointed as daily rated driver on 5.8.1966 under the Assistant Engineer (Mechanical), PWD (B & R), Jodhpur (Annex.2). Vide order dated 18.9.1968 (Annex.3) he was declared semi-permanent under the Government of Rajasthan Work- Charged Rules of Public Works Department (Building & Roads). Vide order dated 1.8.1988 (Anne.4) the petitioner was granted senior pay-scale w.e.f. 1.12.1988 and vide order dated 6.6.1991 (Annex.5) he was confirmed under sub-rule 3-A of Work-Charge Service Rules, 1964 w.e.f. 5.8.1966. The deductions of Contributory Provident Fund (CPF) was made from the salary of the petitioner w.e.f. June, 1975 as shown in the order dated 22.1.1993 (Anne.6). The petitioner retired on 31.3.1993 on attaining the age of superannuation and was sanctioned the pension of Rs.504/- per month and Pension Payable Order (PPO) in this respect was issued on 20.9.1993 (Anne.1). In this writ petition, the petitioner has pleaded that it was only on issuing of the PPO that he learnt that his service as work charge employee has not been counted for the purpose of pension and has claimed that he was entitled to be paid pension after his entire service rendered as work charge employee is counted. The petition has been opposed by the State Government on the ground that in view of rules 22 and 22-A of the Rajasthan Work Charge Service Rules, 1964 the service for the purpose of pension can be counted only from the date that an employee makes contribution towards the CPF and since the petitioner had made contribution towards the CPF w.e.f. June, 1975 his service cannot be counted for the purpose of pension from an earlier date. This question came up before this court in case “Ismail Khan Vs. State of Rajasthan & Ors.” (1986 RLR 24) and it was held that the entire service rendered by an employee as 3 work charge employee has to be counted for the purpose of grant of pension. This question had also come up before me in S.B. Civil Writ Petition No.5897/93 decided on 25.5.1995 at Jaipur Bench when the above said writ petition along with 6 other writ petitions were decided and it was held that irrespective of the date from which the CPF is deducted the pension has to be paid after taking into consideration the entire service rendered by an employee on work charge basis. Consequently, while allowing this writ petition, I quash the PPO (Anne.1) and direct the respondents to re-fix the pension of the petitioner after taking into consideration the entire service rendered by him as work charge employee and pay him the arrears in this respect within a period of three months from today.” In this view of the matter, respondents are directed to consider the case of petitioner for the purpose of calculating service period rendered by him as work-charge employee from 01st November, 1954 to 01st May, 1966 in which CPF was not deducted, in accordance with the judgment of learned Single Judge of this Court passed on 26th February, 1996 while following earlier judgment of this Court reported in 1986 RLR 24 (Ismail Khan Vs. State of Rajasthan & Ors.) within a period of three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is allowed in terms of above judgment dated 26th February, 1996. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-s 4