SANWAR MAL SHARMA Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-7-83
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on July 29,2015

SANWAR MAL SHARMA Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) Under challenge in this petition is the order dated 27.02.2015 whereby the Joint Secretary and Director, Information and Public Relation Department, Rajasthan, Jaipur (hereinafter "JS and D, IPRD") cancelled the earlier order dated 23.09.2014 whereby the petitioner's services with the Rajasthan State Ganganagar Sugar Mills Ltd. (hereinafter "RSGSM") for the period 07.07.1982 to 29.07.1989 had been reckoned for computing the petitioner's qualifying service for ascertainment of his pension following his retirement as a Stenographer (English) with the JS and D, IPRD.
(2.) The undisputed facts of the case are that the petitioner was initially appointed on 23.06.1982 with RSGSM, a Government of Rajasthan undertaking, by selection through a regular process. He was confirmed on the said post on 12.07.1984. During the period of the petitioner's engagement with RSGSM, the Rajasthan Public Service Commission (hereinafter "RPSC") advertised for recruitment of Stenographer (English) with the State Government. The petitioner states to have sought no objection from his erstwhile employer at the relevant time i.e. RSGSM and applied for the post advertised. Whereupon he was selected by the RPSC and on its recommendation appointed by the State Government vide letter dated 18.07.1989.
(3.) Subsequent to his appointment with the Director, Information and Public Relation Department, Government of Rajasthan, Jaipur, the petitioner states to have submitted representations dated 28.11.1990, 31.05.1991 and 22.11.1997 praying that RSGSM being a State Government undertaking, his services therewith for the period 07.07.1982 to 29.07.1989 should be reckoned as qualifying service for the purpose of computation of his pension and be so recorded in his service book entitling him to benefit thereof. The representations were of no avail. The petitioner then, after a gap of about 17 years again approached the Principal Secretary, Information and Public Relation Department, Jaipur vide another representation dated 08.07.2014. Apparently in response thereto, vide letter dated 17.09.2014, the Additional Director (Admn.), Information and Public Relation Department, Jaipur required the petitioner to deposit a sum of Rs. 8,509/- with the Department being the amount of CPF contribution (with interest) availed by him from RSGSM, at the time of his separation therefrom prior to his appointment on the post of Stenographer (English) with the Directorate on 18.07.1989. The petitioner complied with the said directive. Vide order dated 23.09.2014, the JS and D, IPRD allowed the petitioner's services with RSGSM between 07.07.1982 to 29.07.1989 to be reckoned as qualifying service with the State Government. Flush with having his services with RSGSM for the period 07.07.1982 to 29.07.1989 also reckoned as being service of the State Government, the petitioner with unabated ambition proceeded to now submit representations dated 17.11.2014 and 05.01.2015 to the Director, Information and Public Relation Department, Jaipur praying that he be given the benefit of selection scale on completion of 9, 18 & 27 respective years of service, reckoning his service with the Government as commencing 07.07.1982.;


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