- (1.) HEARD both the sides. This special appeal is directed against the order of a learned single Judge dated May 9, 1997 dismissing the writ petition on the ground that the husband of the appellant had never opted for pension and did not submit even the pension form for family pension and because of that reason his stale claim is now being taken up after lapse of more than 20 years.
(2.) WE are unable to appreciate the reasons given by the learned single Judge for disposal of the writ petition. In the present case, the husband of the appellant entered in service of the State Government as Helper w. e. f. April 1,1955. He was later promoted to the post of Assistant Gr.-II w. e. f. September 28, 1961, and further promoted to the post of Assistant Gr. I w. e. f. April 20, 1970 and thereafter as Fitter II w. e. f. November 19, 1976. The services of the petitioner-appellant's husband were regularized in the regular cadre of workcharged employees. The husband of the appellant expired on December 25, 1976. At that time, he was holding the post of Fitter Gr. II in the workcharged cadre in the office of the Assistant Engineer, City Sub Division II, Public Health and Engineering Department, Jodhpur.
(3.) THE State Government by Memorandum dated January 33, 1977 conveyed the decision of the Government of Rajasthan that the workcharged employees who are absorbed/ appointed on regular post of conversion of workcharged post into regular post under the Government from time to time be allowed to exercise the option to elect either to continue the contribution towards Provident Fund or to opt for pensionary benefits. By order dated July 23, 1977 the Government passed another order adding Para. 9 to the memorandum dated January 31, 1977 as under: GOVERNMENT OF RAJASTHAN FINANCE (GR. 2) DEPARTMENT MEMO No. F. 1 (26)FD (GR. 2)/74 Dated Jaipur, March 10, 1977 Sub: Counting of Work-charged Service for Pension on Absorption/appointment of work-charged Employees on Regular post under the Government. The Governor is pleased to order that after existing Para 8, the following Para may be added in the Finance Department Order of even number dated January 31, 1977 namely: "9. The work-charged employees who were absorbed on regular posts but died before exercising option for pension under these orders shall be deemed to have opted for pension. under this order unless the members of family of such deceased specifically make a request that they may be paid Contributory Provident Fund benefit due to deceased. The Head of Office should before preparation of pension papers invariably ascertain from the members of the family of the deceased entitled to receive the retirement benefits whether he/she would like to receive Contributory Provident Fund benefit or not. By Order of the Governor. Sd/financial Commissioner and Secy. to the Government";