1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Smt.Dayawati Mathur Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO. 3481/2006 Date of Order : : 11/11/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Mukesh Rajpurohit, for the petitioner. Mr.A.K.Rajvanshy, AAG for the respondents No.1 and 3. Mr.Sunil Ranwa on behalf of Mr.Ravi Bhansali, for the respondent No.2 & 4. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to pay arrears of pension and other benefits to the petitioner on the ground that the members of the Rajasthan Rajya Vidhyut Mandal Sewa Nivrat Karamchari Sangh (for short “the Sangh” hereinafter) have been granted 2 the benefit of the pension and arrears thereto by the order of this Court in S.B.Civil Contempt Petition No.220/1997, Rajasthan Rajya Vidhyut Mandal Sewa Nivrat Karamchari Sangh Vs. P.N.Bhandari & Ors. Heard learned counsel for the parties. It appears that the petitioner's husband entered into the services of erstwhile Jodhpur State in the department of Electrical & Mechanical and subsequently, came to be absorbed with the Rajasthan State Electricity Board (for short “the Board” hereinafter) w.e.f. 25th October, 1972 and was retired from the post of Mechanic-II on 30th June, 1987. According to learned counsel appearing for the respondents, this controversy has been considered and decided by this Court in earlier writ petition being S.B.Civil Writ petition No.1679/1993 vide order dated 2nd May, 1997 wherein it was held that the Government Servant who were permanently transferred to the Rajasthan State Electricity Board and who were alive on 17.10.1987, are entitled to opt for payment of pension on the basis of the period spent by them in Government service from the date they entered into the service of erstwhile Jodhpur State till the date of the permanent absorption with the Board. It appears that the members of Sangh filed a 3 contempt petition being S.B.Civil Contempt Petition No.220/1997; Rajasthan Rajya Vidhyut Mandal Sewa Nivrat Karamchari Sangh Vs. P.N.Bhandari & Others, which came to be decided by order dated 1st March, 2006 directing the payment of the pension to as many as 14 persons, the members of the Sangh, against which, the respondents- State through the Secretary, Energy, Government of Rajasthan and Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. filed appeals before the Division Bench of this Court being D.B. Civil Special Appeal (Writ) No.806/2007 and 846/2007 which came to be allowed by a common judgment dated 21st February, 2008 setting aside the order passed by the learned Single Judge in the contempt petition No.220/1997 referred above. In this view of the matter, since similarly situated persons are not held to be entitled for the pension and the case of the petitioner is identical to those persons, therefore, in my view, the petitioner is not entitled for any relief prayed for . The writ petition is devoid of merit and is, therefore, dismissed. No order as to costs. Stay petition also stands dismissed. (H.R.PANWAR), J. NK