BHAGWAN SAHAY PAREEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner who is an ex-officer of Municipal Council, Alwar and who retired from the service of the Municipal Council, Alwar on attaining the age of superannuation, has filed this write petition assailing the impugned notification, dated 26.5.1984 published in Rajasthan Gazette, dated 17.9.1987 whereby he has challenged the decision of the State Government, in denying the pensionary benefits to the petitioner who was an employee of the Municipal Council, Alwar on the ground that he cannot be discriminated qua the employees of the former Ajmer-Marwar region of the State of Rajasthan who are getting the relief of pensionary. benefits being the employees of Municipal Council.

(2.) By virtue of the powers conferred on the State Government under Sec. 297 of the Rajasthan Municipalities Act, 1959 (for short 'the Act') to make rules or orders generally for the purpose of carrying into effect the provisions of the said Act in particular and without prejudice to the generality of the foregoing power the State Government has been authorised to make Rules and orders with reference to all matters expressly required or allowed by the said Act to be prescribed including the power of frame rules to be followed by the Municipalities functioning within the State of Rajasthan which includes the power to frame rules for extending pensionary benefits to the employees of the municipalities, i.e., municipal councils as well as Municipal Boards who have retired from service of the said municipalities on attaining the age of superannuation.

(3.) The State Government acting in exercise of the powers conferred by the, aforesaid provisions of the Act, issued a notification on 26.5.1984 by which the employees of the Municipal Board were given first appointment in the then erstwhile Ajmer State and the said employees were entitled for pensionary benefits subject to the fulfillment of certain requirements- and conditions as stipulated in the said order. It has further been mentioned in the said order that those employees of the municipalities who were appointed and retired from service prior to coming into force of the said Rules, such employees were entitled to get pensionary benefits in the following manner, who have been categorized as under: <FRM>JUDGEMENT_71_LAWS(RAJ)5_19971.html</FRM>