SHIV KUMAR SHARMA, J. - (1.) INSTANT writ petition has been filed in the representative capacity by the erstwhile employees of Bundi Nagar Palika with the prayer that the pensionary benefits should be accorded to the retired employees of Nagar Palika, Bundi after adjusting contribution in the Provident Fund paid to them by the Municipality against the arrears of total amount of pension, to which they are found entitled from the date of their retirement. The further prayer is that future pension should also be allowed in accordance with the provisions of Rajasthan Service Rules, 1951 with the benefit of commutation of pension etc. including all other facilities which are given to the Government servants. It is also prayed that Rules 3 and 4 of the Rajasthan Municipal Service (Pension) Rules, 1989 be declared ultravires and all erstwhile employees be declared eligible for pension.
(2.) MR . A.K. Sharma, learned Counsel appearing on behalf of petitioners, has placed on record the judgment dated February 26, 1991 rendered in Rajasthan Nagar Palika Seva Nirwat Karmchari Sangh v. The State of Rajasthan and Ors., S.B. Civil Writ Petition No. 288/1989. Learned Single Judge of this Court has observed in the said judgment as under: The result is that this writ petition is allowed. The order dated 26.5.1984 published in the Gazette and 17.9.1987 denying the members of the petitioner association the pensionary benefits and the order dated 9.9.1988 is declared to be discriminatory qua the members of the petition association and it is directed that they will be entitled the same pensionary benefits as has been given to the erstwhile employees, who were members of the Municipal Services in Ajmer Merwara. It is further directed that the contribution of the provident fund amount paid to the members of the petitioner association shall be adjusted towards the arrears of the total amount of pension to which they are found entitled from the date of entitlement. They shall also be entitled to be paid pension in future month by month in accordance with the provisions of the Rajasthan Service Rules with the benefit of commutation of pension etc. including all facilities which are being provided to the persons placed in similar situation. In view of the fact that none appeared to oppose the writ petition, the costs is made easy. A look at the said judgment demonstrates that all the members of Rajasthan Nagar Palika Seva Nirwat Karmchari Sangh were found entitled to pensionary benefits with the direction that the contribution of the provident fund amount paid to the members of the Sangh shall be adjusted towards the arrears of the total amount of pension to which they were entitled from the date of entitlement. They were also entitled to pension is future month by month in accordance with the provisions of the Rajasthan Service Rules with the benefit of commutation of pension etc. including all facilities which were being provided to the persons placed in similar situation.
(3.) AFTER having heard the rival submissions and considering the material on record, I find that the instant case of erstwhile Karmchari of Nagar Palika, Bundi is not distinguishable with that of the case of Rajasthan Nagar Palika Sewa Nirwat Karmchari Sangh. I am of the considered opinion that erstwhile employees of the Nagar Palika, Bundi who have since been retired are entitled to the pensionary benefits.;