Sangeet Lodha, J. - (1.) IN this writ petition, the petitioner, since deceased represented by his legal Representatives has sought directions to count his services w.e.f. 16.08.1954 to 29.02.1992 as qualifying service for the purpose of grant of pension. Besides, the petitioner has also claimed grant of selection grades on his completion of 9, 18 and 27 years of service in terms of Government order dt. 25.01.1992, providing for grant of selection grades to the employees in Class IV, Ministerial and Subordinate Services and those holding isolated posts.
(2.) BRIEFLY stated the facts of the case are that the petitioner entered in the Service of Municipal Board, Barmer (In short ''the Board '' hereinafter) on 16.08.1954 having been appointed as Lower Division Clerk. He attained the age of superannuation on 29.02.1992 and consequently, retired from the post of Lower Division Clerk. The grievance of the petitioner is that he has completed 37 years,6 months and 13 days of service satisfactorily but for the purpose of pensionary and other retiral benefits, his services during the period 16.08.1954 to 18.05.1965 has not been included in qualifying service on the ground that during the said period no contribution towards the provident fund was deducted from his salary. It is stated that in pursuance of order dt. 27.02.1993, passed by the Commissioner of the respondent Board, the requisite amount towards the contribution to the provident fund account for the aforesaid period, has been deducted and deposited by the respondent Board vide challan No. 660/10.03.1993. However, vide letter dt. 02.06.1994, the petitioner was informed by the respondent Board that his revised pension case has been returned by the Department of Pension on the ground that the deductions made towards contributory provident fund after retirement of an employee cannot be accepted, therefore, the petitioner 's services for the period from 16.08.1954 to 18.05.1965, cannot be counted for the purpose of pension. The petitioner made a detailed representation and submitted that for the lapse on the part of respondent Board, he cannot be made to suffer However, the respondent No. 3 vide communication dt. 04.08.1994 while referring to the decision of the Department of Finance, informed that the said period cannot be counted for the purpose of grant of pension.
(3.) FURTHER grievance of the petitioner is that he has not been accorded selection grade in terms of government order dt. 25.01.1992 on completion of 9, 18 and 27 years of service.;