Dinesh Maheshwari, J. - (1.) THIS intra -court appeal is directed against the order dated 10.05.2001 whereby the learned Single Judge dismissed the writ petition (CWP No. 2732/1988) filed by the petitioner -appellant (since deceased and represented by his legal representatives) seeking the relief of grant of pension.
(2.) THE petitioner -appellant claimed that he was appointed as Sanitary Inspector on 10.07.1941 by the erstwhile State of Mewar in the Udaipur Municipality; and after reorganisation of the States, his services came to be governed by the Rajasthan Service Rules of 1951 ('the Rules of 1951'). The petitioner stated the grievance that though retired long back, he was deprived of the benefit of pension and by the order dated 10.03.1976, he was informed of being not entitled to pension. The petitioner contended that he was entitled for pension under the Rules of 1951 as well as under the earlier service regulations of the erstwhile Mewar State as per proviso to Rule 35 of the Rajasthan Municipal Service Rules, 1963 ('the Rules of 1963'). The petitioner also submitted that deduction of contribution to CPF from his salary from 01.12.1963 onwards was illegal and mistaken and in any case, cannot be taken into account so far his right of pensionary benefit was concerned. The petitioner also contended that from 10.07.1941 to 01.04.1960 he was in service of the respondents to qualify for pension as per the Rules of 1951. In their reply, while taking the objection of inordinate delay in filing the writ petition, the respondents contended that the petitioner retired in the month of September 1974 and was paid all the retiral benefits long back. This apart, the respondents contended, the petitioner was not engaged on any pensionary service and he was not a permanent employee as on 31.03.1943 so as to be entitled to pension as per Article 75(9) of the Mewar Civil Service Regulations, 1942 ('the Regulations'). It was contended that the petitioner was appointed as Safai Inspector Halka No. 2 in Udaipur Municipality; and the post of Safai Inspector was an executive post and not a clerical post.
(3.) THE petitioner submitted a rejoinder refuting the assertions of the respondents and submitted that he was appointed as Sanitary Inspector with effect from 13.08.1941; and the appointment order made it clear that he was employed against permanent vacancy that occurred due to superannuation of another employee. The petitioner also contended that as per Clause (9) of Regulation 75 of the Regulations, the municipal employees appointed after 31.03.1943 were disentitled from pensionary benefits; but the employees like him, who entered the service prior to 31.03.1943, were indeed entitled for pensionary benefits.;