B.S. Chauhan, J. - (1.) The controversy involved in this case is whether a person who has retired prior to the date of commencement of a Pension Scheme can be held entitled for pension unless the Scheme itself provides for retrospective application.
(2.) A Division Bench of this Court in Rajasthan Nagar Palika Seva Karamchari Sangh v. State of Rajasthan decided on 26.2.1991 held that the Pension Scheme shall be applicable on all persons even if they had retired prior to the date of commencement of the Pension Scheme and the notification regarding the pension issued by the State has been declared discriminatory. However, another Division Bench of this court in Association of Retired Employees of Municipal Council, Jodhpur v. State of Rajasthan and others D.B.C. Writ Petition No. 854/88 decided on 6.7.1992 , held that the aforesaid judgment dated 26.2.1911 was per incuriam and Pension Scheme shall not apply to those persons who had retired prior to the date of its commencement as the Scheme shall not be applicable with retrospective effect.
(3.) Even entitlement of family pension has been rejected by this Court in S.B. Civil Writ Petition No. 821/94, Smt. Mahalaxmi Bai and others v. State of Rajasthan and others decided on 6.4.1999 and S.B. Civil Writ Petition No. 5669/93 Ichhalal and others v. State of Rajasthan decided on 18.8.2000 .;