SHARMA, J. - (1.) THE analogous cluster of 19 writ petitions involve common questions of law.
(2.) THE petitioners, who got retired form the municipal services prior to October 1, 1987 have prayed that they alongwith all other similarly situated employees should be allowed pensionary benefits. To understand the controversy, the facts of S. B. Civil Writ Petition No. 1974/1992 may be looked into. The said petition has been filed by Mohan Lal in a representative capacity on behalf of himself and 50 other employees, who were not paid pension. A look at the Legislative history of Municipal Laws reveals that the Rajasthan Town Municipalities Act, 1951 came into force w. e. f. December 22, 1951. At that time Ajmer Merwara did not from part of the State of Rajasthan and the employees of Ajmer Merwara were governed by Ajmer Merwara Municipalities Regulations, 1925. Ajmer Merwara merged into the State of Rajasthan on November 1, 19956. Thereafter the Rajasthan Municipalities Act, 1959 came into force with effect from October 17, 1959 and by virtue of section 2 read with Ist Schedule all Municipal Laws including Ajmer Merwara Regulations 1925 were replaced. Thereafter unified Municipal Service Rules for various class of employees were enacted which are known as Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 brought into force with effect from November 24, 1963, Rajasthan Municipalities (Class IV Service) Rules, 1964 was brought into force with effect from May, 2, 1964 and Rajasthan Municipal Service Rules, 1963. By virtue of the Rajasthan Municipalities Act, 1959 and the Rules referred therein all the employees in Municipal Service became members of their respective services and provisions were made for provident found and pension etc. Rules 35 and 36 of the Rajasthan Municipal Service Rules, 1963 make provision regarding contributory provident fund and other conditions of the service relating to pay allowances, leave, pension, gratuity, provident fund, discipline conduct etc. Similar rules were framed in the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 and Rajasthan Municipalities (Class V Service) Rules, 1964.
(3.) THAT initially under the Rajasthan Town Municipalities Provident Fund Rules, 1955 Provident fund facility was extended to those employees whose salary was not less than Rs. 25/- per month. The Provident Fund Rules 1955 were lateron converted into Rajasthan Municipalities Provident Fund Rules, 1960. However, the Ajmer Merwara Provident Fund Rules, 1937, the Bikaner Provident Fund Rules and Jodhpur Government Service Regulations continued to exist. Thereafter the Rajasthan Municipalities (Contributory Provident Fund and Gratuity) Rules, 1969 were framed and brought into force with effect from August 2, 1990. By these Rules, uniformity was enforced in respect of all types of Municipalities and the employees of Ajmer Merwara, Bikaner, Udaipur and Jodhpur were given option under Rule 4 of the Rajasthan Municipalities (Contriburoty Provident Fund and Gratuity) Rules, 1969. Besides the above Rules there exists various sets of Rules viz: i) Conveyance allowance Order No. 24 (43) LSG/61 dated 30. 8. 62. ii) The Rajasthan Municipalities (Supply of Livaries to employees) Rules, 1963; iii) The Rajasthan Municipalities (Observance of Holidays and Regulating Hours of Work) Rules, 1961. iv) Hard Duty allowance to fire Staff No. Estt. 5 (F) 18 (E) (59)/68/30589-949 dated October 3, 1970. v) Staffing pattern for Municipal Boards S. 24 (2) DLB/64- 65/4f2d554 dated 27/28. 12. 65. vi) Staffing pattern for Municipal Councils F. 24 (2) Integ. DLB 66/578-822 dated 31. 10. 66 and F. 24 (2) Integ. DLB/66 4044 dated 6. 2. 1967. vii) Payment of House Rent Allowance Rules. Thus a total uniformity was brought about. ;