1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.3718/2004. : : Padma Puri Vs. State of Rajasthan & Anr. : : Date of Order 27.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Arpit Srivastava for Mr.A.K.Bajpai for the petitioner. Ms.Sudesh Kasana, Dy.Govt.Counsel for the State. This writ petition was filed by widow of late Shri Pramod Kumar Puri who was serving with Forest Department as Forester. According to the petitioner her husband was appointed w.e.f. 1.9.1976 and he obtained training of Forester from Forests School, Alwar and a certificate was issued on 4.3.1979. Her husband served the respondents with full devotion and sincerity. He unfortunately died on 7.10.1997. The respondents have not so far made any payment of gratuity, provident fund, state insurance and even the family pension was not given to the petitioner. So much so pay fixation of her husband was not made till he was alive and last pay fixation was made on 1.9.1976 in the scale of Rs.355-570/-. The petitioner made number of 2 representations to the respondents. A reference was made to the letter dated 11.10.1999 by Chief Conservator of Forests which was addressed to Deputy Conservator of Forests, Aravali Project, in which the Chief Conservator of Forests enquired why in spite of lapse of two years no dues have been paid to the widow of deceased. Learned counsel for the petitioner submits that even till now the dues have not been paid to the petitioner. The respondents have filed reply to the writ petition and contended that since the appointment of the petitioner's late husband was made on ad hoc basis, the matter with regard to his regularization was sent to Ministerial Committee. The petitioner was initially appointed on work charged basis under the pay scale of Rs.110-230/- vide order dated 2.1.1975. Though his pay was fixed in the scale of 350-570/- vide order dated 1.9.1976, his case was sent for fixation in the revised pay scale in the year 1983, but some objections were raised by Accounts Officer. The Deputy Secretary, Forest vide order dated 20.9.2001 referred the matter to the Deputy Legal Adviser. On 19.10.2002 the Deputy Legal Adviser advised that the appointment of late husband of the petitioner could not be made on work charged basis as the post of Forester was covered under the 3 Rajasthan Forest Services Rules, 1967. The Department is having all the sympathy with the petitioner but so long the appropriate order has not passed by the Ministerial Committee on the question of regularization of service of the petitioner's late husband the service benefits to the petitioner cannot be granted. The reply submitted by the State would clearly indicate two facts which they do not deny which are that the husband of the petitioner rendered services to them as Forester on 3.1.1975 till he died on 7.1.1997 i.e. almost a period of 23 years and nothing has been paid to the petitioner. And secondly reply to the writ petition was filed on 28.9.2005 and as per the petitioner even till date, nothing has been paid to the petitioner. In the facts of the case that the petitioner's husband rendered 23 years long service to the respondents, it cannot be said that she would not be entitled to terminal dues on account of his death including the amount of gratuity and provident fund. The respondents also do not dispute this fact but the reason they have cited for non-payment of all the dues is that the petitioner's husband should have been appointed in the Rajasthan Forest Services Rules whereas his appointment was made under the Work Charged Rules which 4 according to them could not be made because the post of Forester is covered by the former rules and not the later. In spite of the aforesaid irregularity in the appointment, the services rendered by the petitioner's husband to the respondents and the fact that he his now no more alive, are facts which are fait accompli. The respondents have already taken 11 long years in deciding the matter with regard to entitlements of the petitioner since her husband died on 7.10.1997. Her husband should, therefore, be treated to have been appointed regularly for the purpose of payment of terminal due to the petitioner. In the result, this writ petition is allowed with direction to the respondents to treat the appointment of the petitioner's late husband having been made on regular basis and treat irregularities, if any, by the reason of fact that he rendered 23 years of service, as cured and accordingly all terminal dues including the amount of gratuity, provident fund, leave encasement etc be calculated and paid the petitioner should also be paid family pension. The petitioner shall also be entitled to receive arrears of aforesaid amount along with interest @ 12% per annum as per Rule 89 of the Rajasthan Civil Services (Pension) Rules. 5 Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/-