Arun Madan, J. - (1.) The petitioner who is widow of late employee of the Municipal Board, Alwar, has filed this writ petition in the matter of interpretation of Rules 35 and 36 of the Rajasthan Municipal Service Rules (for short 'Rules of 1963) read with Rajasthan Service Rules, 1951 (for short the 'R.S.R.') on the grounds inter-alia that the petitioner's late husband was appointed in service of the Municipal Board, Alwar .on 19.8.1947 on the post of 'Khallasi' and he expired on 5.12.1983 after having completed nearly 36 years of service with the. Municipal Board. At the time of the death of the petitioner's husband, his service conditions were governed by the Rules of 1963. Under the said Rules, provision was made for provident fund, pension etc. . and for the sake of convenience and ready reference the said Rules are reproduced herein below as under: "Rule 35 -All members of the service including those who have since before the date of the constitution of the service, been regular subscribers to a contributory provident fund shall subscribe to that fund in accordance with the Rules applicable thereto, and the contribution, if any, of the Board on that account shall be determined in accordance with the provisions applicable to the fund : Provided that a member of the service who was entitled to the benefit of a pension under the Rajasthan Service Rules, before the date of the Constitution of the Service, shall be entitled to the payment of the pension by the Government out of the consolidated fund of the state and every Board shall make and pay pension contribution on that account in accordance with the rates laid down in the Rajasthan Service Rules. If any member of the service was entitled to the benefit of pension under any other rules before the constitution of the service he shall be entitled to the payment of pension by the Board out of its fund under the same rules." "Rule 36-Regulation of pay, allowance, leave, pension, gratuity, provident fund, discipline conduct etc. Subject to provisions of sub-section (4) of section 307 and except as provided in these ruled the pay, allowances, pension, leave and other conditions of the service of the members of the service shall be regulated by rules made under Section 297 of the Act, and depending the issue of such rules, by the following rules; (1) The Rajasthan Service Rules, 1951 except provisions relating to pension and payment of medical allowances as amended up to date : and, (3) The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended up to date." By way of analogy the petitioner has also relied upon the provisions contained in Rule 35 of the Subordinate and Municipal Service Rules as well as class IV service rules, he has further contended that under the Rajasthan Town Municipalities Provident Fund Rules, 1965 (for short 'Rules of 1965') which were brought into force w.e.f. 2.8.1970 every person who was drawing minimum salary of Rs. 25.00 per month, benefit of provident fund was extended to such employees. The petitioner's husband was also getting the benefits under the said Rules."
(2.) In order to bring uniformity amongst the employees of the Municipalities who were governed by Rules of 1963 as well as by the Rajasthan Town Municipalities Provident Fund Rules of 1965 an option was invited from the employees of the said Municipalities serving in erstwhile States to opt the Rules of 1965 as contemplated under Rule 4 of the Rules of 1969. Several other Rules were also brought into force with a view to have some rationality and , uniformity in the matter of service conditions of the employees.
(3.) On 17.9.1987 a gazette notification in respect of order dated 26.5.1984 was passed whereby the employees of Ajmer Marwar Municipalities who were appointed/retired prior to 2.8.1970 were granted pensionary benefits as indicated in the gazette notification dated 17.9.1987 published in the Rajasthan Gazette. A perusal of the said gazette notification marked Annexure 1 to the writ petition reveals that the Director Local Self Government issued the said notification in supersession of earlier orders in accordance with the Rajasthan Municipal Rules. 1959 for the benefit of those employees who were appointed and retired from services of the Municipal Boards prior to coming into tor of the said Rules. Such employees were entitled to grant of pension in the following manner: JUDGEMENT_72_LAWS(RAJ)5_19971.html Under Rule-5 of the Rules of 1989 : "If an employee who has availed of the Contributory Provident Fund benefits on his retirement on or after 1.10.1987, exercise option for the pension rules, the amount of contribution of the Board together with interest thereon till the date of retirement plus interest on this total amount C- 6% p.a. shall be refunded for being credited to the pension Fund. Interest w 6% p.a. shall be charged for the period from the date of receipt of benefit under the Contributory Provident Fund Rules to the date of refund.";