- (1.) This intra-court appeal is directed against the order dated 05.01.2009 whereby the learned Single Judge of this Court has allowed the writ petition filed by the respondent (CWP No. 3555/2008) and, while quashing the impugned orders dated 01.02.2008 and 06.02.2008 relating to the recovery from the respondent of the amount paid towards retiral benefits, has directed the appellants to determine and pay the pension and all other post retiral benefits to the respondent by treating him a person retiring from the post of Lineman under the Rajasthan Municipalities(Ministerial & Subordinate Staff Service) Rules, 1963 [the Rules of 1963].
(2.) Briefly put, the relevant facts and backgrounds aspects of the matters are that by an order dated 25.06.1967 (Annex.1), as issued by the Chairman, Municipal Board, Suratgarh, the respondent (writ-petitioner) was given appointment as Pump Driver on temporary basis in the pay scale Rs.40-2-60 with admissible allowances including D.A. In the year 1977, the writ-petitioner qualified the test for grant of permit as Wireman and a permit was issued in his favour by the competent authority. Thereafter, by the order dated 24.06.1981 (Annex.5), the Municipal Board proceeded to convert the appointment of the writ-petitioner as Lineman from the post of Pump Driver Grade-II; and such conversion was regularised by the office order dated 06.09.2006 (Annex.5/A) that was issued in compliance of the instructions given by the Deputy Director, Local Self Department, Bikaner Region, Bikaner on 11.07.2006. The writ-petitioner continued to serve the appellants and ultimately, on attaining the age of superannuation, he stood retired from service on 31.05.2007.It is noticed from the amended orders dated 02.07.2007 (Annex.6) that the writ-petitioner was also allowed selection grades on completion of 9, 18 and 27 years of service. It is further borne out from the material placed on record that an amount of Rs. 2,50,635/-was paid to the writ-petitioner on 31.05.2007 towards gratuity.
(3.) It appears that after his retirement, certain objections were raised by the Directorate of Local Self Government regarding grant of pension to the writ-petitioner on the ground that he was not eligible to hold the post whether of Pump Driver or of Lineman and, therefore, his initial appointment itself was illegal. The Executive Officer, Municipal Board, Suratgarh, in his communication dated 03.10.2007 (Annex.8) made a request to the Director, Local Self Government, Jaipur to grant relaxation to the writ-petitioner in educational qualification and to regularise his appointment. However, for no such relaxation having been accorded and for the directions issued by the Deputy Director, Department of Local Self Government, Bikaner Region, Bikaner, the Executive Officer, Municipal Board, Suratgarh, by his order dated 01.02.2008 (Annex.13) proceeded to re-fix the pay of the writ- petitioner and consequently issued another order dated 06.02.2008 (Annex.14) directing the writ-petitioner to deposit an amount of Rs.1,16,985/-, said to have been paid in excess towards gratuity, so that his pension case could be processed.;