Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) FACTS in brief are that the petitioner's husband Batan Singh was appointed as a Pump Driver on 27.1.1966 in the Irrigation Department of the Government of Rajasthan on work charge basis. He was made semi permanent on 18.11.1970. His services were regularized and he was made permanent on 3.7.1979. Just before Batan Singh was about to retire, he was instructed to submit an option form for claiming the benefits of either the pension or the C.P.F. scheme as per his choice. He filled and submitted the form, opting for the pension scheme which option was accepted on 15.4.1981. Batan Singh attained the superannuation age on 31.8.1981 and was sanctioned provisional pension w.e.f. 1.9.1981. However, on 5.7.1985 vide order Annex.4, the provisional pension being paid to Batan Singh was suddenly stopped on the ground that the C.P.F. deduction had been made from his salary for less than 10 years and thus, he was not entitled to the benefits of the pension scheme. Sh. Batan Singh passed away on 27.7.1988.
(3.) THE petitioner, being the widow of Batan Singh, submitted a representation to the departmental authorities for being paid the pensionary benefits upon which she was informed by the Principal Secretary (Administration), I.G.N.P. by a letter dated 4.3.2009 Annex.10 that the pension as prayed in her representation was not admissible because the deduction towards C.P.F. had not been made from the employee's salary for the requisite minimum ten years period. It is averred in the writ petition that as Sh. Batan Singh had rendered more than 15 years of service, he was entitled to avail the benefits of the pension scheme because as per the Pension Rules, the entitlement of an employee to claim pension ripens on completion of ten years of service.;