CW 2715/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2715/06 Smt. Sorati Devi Versus State & Ors. DATE OF ORDER : 07/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.S. Hora, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by widow of deceased Late Shri Hazari Mali, seeking pensionary benefits which were due and payable to her husband for the service which he rendered as Beldar in the office of respondents. Petitioner's husband Late Shri Hazari Mali was initially appointed as workcharge Beldar on 1st December, 1990 and on completion of 10 yrs. of service, he was made permanent w.e.f. 2nd December, 2000 vide order Ann.2 dt.19th June, 2003. But, prior to passing of order declaring him permanent, unfortunately he died while in service on 30th August, 2001 and after his death as he was not permanent by that time Rs.61,252/- was paid to her towards amount of CPF vide letter no.693-95 dt.4th January, 2002. It appears that after her husband's death when he became CW 2715/06 [2] permanent with retrospective effect from 2nd December, 2000, she submitted application before the competent authority for release of pensionary benefits to which she was entitled for under law taking note of the circular issued by the respondents dt.13th July, 1994. Counsel for petitioner submits that once her husband became permanent w.e.f. 2nd December, 2000, she became entitled for release of pensionary benefits although after due adjustment of CPF amount paid to her but that too has been denied without any legal justification. Respondents have filed reply to the writ petition wherein it has been averred that amount of CPF which was due and payable, was paid immediately after husband's death to the petitioner on 4th January, 2002. As such, she is not entitled for pensionary benefits and the circular which has been placed on record by the respondents dt.13th July, 1994 counsel submits that it will not be of any assistance so far as present petition is concerned. I have heard counsel for parties and with CW 2715/06 [3] their assistance perused the material on record. State Government under its circular dt.13th July, 1994 took note of the contingencies in the matter where workcharged employee became permanent or holding the regular post under Government and what will be its effect if he has been paid CPF amount prior thereto and as to whether service rendered by him prior thereto will be counted for pensionary purposes or not in the matter where amount of CPF was once paid and after option has been furnished to seek pensionary benefits. Such contingency has been considered by the Government in Para 4, which is relevant for the present purpose, is reproduced as under: “The Contributory Provident Fund account of the aforesaid workcharged employee who has opted or deemed to have opted the pension may be completed and closed. Employer's share with interest may be credited to General Revenue of the State and employee's share with interest may be transferred to General Provident Fund account without waiting for the date of retirement of the respective employee and necessary entry to this effect may be made in the Service Book regarding verification of workcharged service as service qualifying for pension.” CW 2715/06 [4] According to Para 4 of the circular, those who have opted or deemed to have opted for pension, payment towards employer's share of contributory provident fund with interest has to be credited to General Revenue of the state and employee's share with interest has to be transferred to General Provident Fund Account. In the instant case, before her husband could be made permanent vide order Ann.2 dt.19th June, 2003 w.e.f. 2nd December, 2000 since he unfortunately expired as such there was no occasion for him to submit option before the concerned authority. But the petitioner being widow of the deceased once submitted application seeking pension which is to be considered as her option furnished by the legal heirs of deceased government employee and certainly that made her entitled for pension subject to adjustment of CPF amount which was paid to her in terms of Para 4 of the government circular referred to supra dt.13th July, 1994. It is not disputed by the respondents that she is not entitled for pension under existing scheme of rules. However, their only objection is CW 2715/06 [5] that her case could have been considered for pension only after amount towards CPF was duly deposited. Suffice it to say that what has been paid towards CPF along with interest in terms of Para 4 of the circular dt.13th July, 1994 has to be adjusted by the respondents while treating her to be pensionable from the date of death of her husband which in the instant case was 30th August, 2001. Accordingly, writ petition stands allowed. Petitioner is entitled for pensionary benefits under the existing scheme of rules. However, the respondents will be free to adjust amount of CPF in terms of Para 4 of their circular dt.13th July, 1994 and after its due adjustment she may be paid her pension and other benefits to which she is entitled for under law. Appropriate orders be passed within three months. No costs. [AJAY RASTOGI], J. FRBOHRA2715CW06 7-1.doc