SBCWP No.5125/2000. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5125/2000. Radhey Shyam Sharma Vs. The Administrator/Chairman, Rajasthan Rajya Samaj Kalyan Board and others Date of order : November 26, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sunit Kumar Awasthi for the petitioner. Smt. Madhuri Singh for the respondents. **** BY THE COURT :- This writ petition has been filed by the General Secretary of the Union of Rajasthan Rajya Samaj Kalyan Salahakar Board with the prayer that the respondents be directed to grant to the members of the union benefit of pension/gratuity and revised pay scale rules upon acceptance of recommendations of 5th Pay Commission and also the benefit of Selection Scale. The writ petition has been filed for the benefit of petitioner himself and the employees of Samaj Kalyan Projects which are being run by the advisory board. 2) Shri Sunit Kumar Awasthi, learned counsel for the petitioner argued that these projects were continued to remain in existence till 2006 and SBCWP No.5125/2000. 2 thereafter they were closed down. The employees who were working in such projects were declared surplus and absorbed in other organisations/offices. 3) Smt.Madhuri Singh, learned counsel for respondents No.1 and 3 has submitted that petitioner has already been paid a sum of Rs.2,33,422/- towards the arrears of his revised pay, contribution of provident fund, difference of gratuity etc. A copy of the order dated 19/7/2006 was produced to substantiate this. Same is taken on record. But, so far as grant of pension is concened, respondents No.1 and 3 in reply to the writ petition have come out with the plea that the State Government has refused to extend the pensionary benefits to such small organizations. Reference is made to the government order dated 11/1/1982. 4) In view of the fact that the projects for whose benefits this writ petition was filed have been closed down and employees working therein were absorsed elsewhere, there can be no justification for consideration of his matter on merits. At the same time, petitioner is set at liberty to represent the State Government for counting period of service of the members of the union rendered to such projects towards qualifying service for grant of pension in the organisations/offices wherefrom they have been absorbed it is a pensionable establishment and it is expected of the State Government to consider the case of the members of the petitioner-Union in accordance with law. SBCWP No.5125/2000. 3 With the above observation, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. anil