Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner being aggrieved by the action of the respondents in not counting services rendered by him from 5/6/1959 to 11/9/1968 with the respondent No. 3 Rajasthan State Social Welfare Advisory Board, Jaipur.
(2.) SHRI Rajendra Singh Bhadauria, learned Counsel for the petitioner has argued that petitioner served the Rajasthan State Social Welfare Advisory Board, Jaipur for the aforesaid period and thereafter he was selected in the services of the Central Social Welfare Board as a Welfare Officer w.e.f. 12/9/1968. He served the Central Social Welfare Board till 31/10/1994 on which "date he retired on attaining the age of superannuation. Learned Counsel for the petitioner submitted that the Central Board vide memorandum dated 12/5/1994 directed that period of services of the employees who formerly rendered services to the State Social Welfare Board prior to their joining the Central Social Welfare Board, shall be considered for the purpose of pensionary benefits on their furnishing full particulars of service rendered by them previously to the State Social Welfare Board. Petitioner accordingly submitted the requisite papers. Yet, the respondent Central Board arbitrarily declined to count the aforesaid period vide its order dated 8/4/1997 on the premise that as and when the Rajasthan State Social Welfare Board grant approval for extending the pensionary benefits, his case for counting of his service towards pensionary benefits will be considered. Learned Counsel argued that petitioner cannot be blamed if the employees of the Rajasthan State Social Welfare Board are not granted pension. The petitioner in terms of the memorandum dated 12/5/1994 is entitled to count his services which he rendered to the Rajasthan State Social Welfare Board for the purpose of pensionary benefits. Learned Counsel in this connection relied on the judgment of this Court in Parivadi v. State of Rajasthan SBCWP No. 468/1988 decided on 25/3/1992 and also the circular dated 23/9/1999 issued by the State of Rajasthan. Smt. Madhuri Singh, learned Counsel for the respondents No. 2 and 3, the Central Social Welfare Board and Rajasthan State Social Welfare Advisory Board argued that petitioner rendered his services to the respondent No. 2 Central Social Welfare Board as a fresh employee and he retired upon attaining the age of supernnuation. The Government of India has issued Circular dated 27/3/1979 to extend the pensionary benefits for past services and accordingly decision was taken by the Executive Committee of the Central Board on 16/12/1993 to count such services but the decision taken by the Executive Committee of the Central Board would be applicable only in terms of the guidelines and the conditions enumerated in the circular of the Government of India dated 27/3/1979. Learned Counsel relied on Annexure.R/1 dated 15/5/1994 annexed with reply filed on behalf of respondent No. 1, on which reliance was also placed by the petitioner, itself is based on the said circular of the Government of India.
(3.) ACCORDING to the Government of India circular dated 27/3/1979, the past services of the employees of respondent No. 1 -Central Social Welfare Board will be counted for calculation of pensionary benefits whose past services in the State Boards are covered by the pensionary scheme and State Governments are willing to meet pro rata liabilities for the said period. Further, as per the instructions of the Government of India, past services rendered during the period when there were no scheme of C.P.F. or pension in operation in the previous establishment, are not to be counted for the purpose of calculation of qualifying service for pensionary benefits. Reference may be made to the letter dated 11/1/1982 whereby, the State Government declined to give benefit of pension to the employees of the State Board and on that basis, Central Government vide order dated 20/5/1998 refused to count aforesaid period for the purpose of pensionary benefits to the petitioner,;