AR. Lakshmanan, J. - (1.) The State of Rajasthan is the appellant in Civil Appeal No. 8127/2004. The said appeal was filed by the State of Rajasthan questioning the validity of the judgment and order dated 30.10.2002 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur, in D.B. Civil Writ Petition No. 540/1999, whereby the writ petition filed by the contesting respondent (R.K. Agrawal) had been allowed and directions had been issued to the State to pay to the respondent pension for the period commencing 26th July, 1979 to 22nd July, 1982. According to the State, the respondent was not serving the State Government during that period and, therefore, he is not entitled for pension for the said period.
(2.) The Civil Appeal No. 8128 of 2004 was filed by the first respondent in C.A. No. 8127/2004 questioning the correctness of the judgment of the High Court insofar as the non-grant of interest to the contesting respondent. According to the first respondent Mr. R.K. Agrawal, the High Court has failed to appreciate that the delay caused by the appellants are more than 20 years in the payment of pension and/or pro-rata benefits to the first respondent was without any fault of the first respondent and as such the first respondent was entitled to interest and damages thereon. The first respondent has claimed 18% interest per annum for the non payment.
(3.) This apart, the first respondent herein and the appellant in CA No. 8128/2004, in his writ petition before the High Court, has specifically raised in paragraph 7 for the grant of pro-rata pension admissible to him in terms of Rule 158 of the Rajasthan Service Rules and in support of said contention, decision nos.5 & 6 thereunder was relied on for the period rendered by him under the Government of Rajasthan. Our attention was also invited to the relevant part of the governing Decision No. 5 and the extract of Decision No. 6 for the sake of enabling this Court to correctly appreciate the import and purport thereof. For the sake of convenience, we reproduce relevant portion of the Govt. Order No. F.1 (48) F.D. (Rules)/68 dated 10.4.1969, Para 4, Sub Para (iii) A: (iii) The Provisions contained in Clause (i) and (ii) above shall not apply to a Government Servant transferred to Public Enterprises under the control of the Govt. of India. He shall, however, on his permanent absorption, be entitled to: A. Pension (a) Pension and/or Gratuity as admissible under the Rajasthan Service Rules for service rendered by him under the Government at the end of period of five years of his absorption, provided that if the Govt. Servant concerned, attains the age of superannuation, within these five years, he shall be entitled to receive the benefits, from the date of superannuation. He shall not be entitled to family pension under the Chapter XIII, XIIIA and XIV of the Rajasthan Service Rules. (b) In lieu of monthly pension admissible under (a) above the Govt. Servant concerned may opt to receive a lump sum amount worked out with reference to the commutation table obtaining on the date from which the pension will be admissible and payable. The option will be exercised from six months of absorption. (c) Any further liberalisation of pension rules decided by the Govt. after the permanent absorption of the Govt. Servant under the Public Enterprise would not be extended to him. (d) In cases where the Govt. Servant at the time of absorption has less than 10 years qualifying service he will only be eligible to proportionable retirement Gratuity based on length of service. Extract of Decision No. 6 was also relied on, which is also reproduced herein. Extract of Decision No. 6: As per the order of the FD No. F.1(48) FD (Rules) 68/dated 14.4.70 duly amended, the Pension and Gratuity admissible under Clause (iii) of Decision No. 5 reproduced above shall be payable to the concerned employee who has been transferred to and absorbed in a Public Enterprise under the Govt. of India after the expiry of two years from such absorption. ;