- (1.) The petitioner Mohan Singh (since deceased and his legal representatives, wife and son, having been substituted by the order dated 20.02.2007) filed this writ petition on 15.01.2005 with the prayer for issuance of appropriate writ, order or direction against the respondents for payment of pension from 16.05.1977 with interest.
(2.) The petitioner averred that he was appointed on the post of Telephone Operator on 15.01.1957 and served the respondents without any cause of complaint for 20 years; and lastly he was discharging his duties as LSG-Monitor at Nagaur. According to the petitioner, he wanted to contest assembly election and thus tendered resignation on 16.05.1977 with immediate effect (Annex.2); and his resignation was accepted with effect from 18.05.1977 forenoon (Annex.3). The petitioner averred that he lost assembly election and thus within 90 days the resignation was withdrawn by him but the same was not accepted by the respondents for which he previously filed Original Application No. 300/1980 before the Central Administrative Tribunal ('CAT') that was dismissed on 03.03.1993 (the order so made by the CAT has not been placed on record).
(3.) The petitioner alleged that he made several representations to the respondents to allow him pension for he had completed 20 years' qualifying service prior to resignation; and while annexing a few such representations as Annexure 4 to Annexure 7, alleged that no heed was paid to his representations and his family members were facing starvation. According to the petitioner, Rule 48-A of the Central Services (Pension) Rules, 1972 ('the Rules of 1972') provide for qualifying service of 20 years and hence, he was eligible to get the benefit of pension but the respondents have unreasonably denied the same. The petitioner also alleged that he belongs to SC/ST class and to the down-trodden section of society; and while other similarly situated persons who had completed 20 years of qualifying service were granted pension but deliberately and with ulterior motive, he was being deprived of the same.;