SHIV KUMAR SHARMA, J. - (1.) THE petitioner has approached this Court with the prayer that the respondents be directed to pay him the pension and other retiral benefits treating him in Government service continuously from 1948 to 1982. Validity of Finance Department memo dead 30.11.1978 has also been assailed.
(2.) CONTEXTUAL facts depict that the petitioner came to be appointed as L.D.C. on 4.8.1948 in Jodhpur State. On 28.3.1952, the petitioner was promoted as U.D.C. and continued as such till 25.8.1953. After merger of the States, the petitioner was transferred to Agricultural Department of the State of Rajasthan. He worked as U.D.C. in the said department from 26.8.1953 to 5.2.1954. On 12.2.1954 the petitioner got appointment as Office Superintendent in Rajasthan Flying Club, a society headed by the Chief Minister with 100% grant from the Government. From 6.2.1954 till 31.1.1975 the petitioner worked in Flying Club. On 6.2.1975 the Flying Club was taken over by the Government. Service of the petitioner in Flying Club was terminated but he came to be appointed as the Assistant Secretary on the same day. The petitioner got retired on 31.7.1982. Aggrieved from the denial of pension and other retiral benefits, the petitioner instituted the instant writ petition. Contention of the petitioner is that in the beginning of his service career he was a Government servant and he was also a Government at the time of his retirement. From 6.2.1954 till 31.1.1975, the petitioner rendered service in the Rajasthan Flying Club which had been subsequently taken over by the Government and it started functioning as a Government Department with all the assets and liabilities of Rajasthan Flying Club, as such there was no justification to deny pension to the petitioner merely because there was no Provident Fund Scheme in the services under the Rajasthan Flying Club.
(3.) IT is further contended that the spirit of the memo dated 30.11.1978 was to give the pension and retiral benefits to the employees of such institutions which were taken over by the Government of Rajasthan. Therefore, on the basis of the said memo, the employees who had served the Rajasthan Flying Club cannot be discriminated with that of the employees of the other institutions taken over by the Government and there is no basis to deny the pensionary and other retiral benefits to the employees who had rendered services under the Rajasthan Flying Club. under Rule 180 of Rajasthan Service Rules (for short 'RSR') any service of special type can be declared pensionable by the Government as such there is no justification to make an exception in the case of services rendered under the Rajasthan Flying Club.;