Govind Mathur, J. - (1.) By an order dated 25th August, 2007 passed by the Chairman, Municipal Board, Suratgarh appointment was given to the petitioner as Pump Driver on temporary basis in the pay scale Rs.40-2-60 with admissible allowances including D.A. The petitioner qualified the test for grant of permit of Wireman in the year 1977. Accordingly, permit was issued in his favour by the competent authority. After obtaining necessary permit, appointment of the petitioner was converted as Lineman from the post of Pump Driver Grade-II under an order dated 24th June, 1981 passed by the Executive Officer, Municipal Board, Suratgarh.
(2.) The conversion made in pursuance to order 24th June, 1981 also stand regularised by an office order dated 06th September, 2006 passed by the Executive Officer. It is pertinent to note that the regularisation under Order dated 06th September, 2006 was made in compliance of the instructions given by the Deputy Director, Local Self Department, Bikaner Region, Bikaner under a communication dated 11th June, 2006. The respondents also allowed selection grades to petitioner on completion of 9, 18 and 27 years of service, as apparent from perusal of the office order dated 02nd June, 2007 (Annx.6). The petitioner on attaining the age of superannuation stood retired from service on 31st May, 2007. It is only after his retirement, certain objections were raised by the Directorate of Local Self Government regarding grant of pension. As per the Directorate, the petitioner was not eligible to hold the post of Pump Driver as well as Lineman and therefore, his initial appointment made on 25th June, 1967 was erroneous. The Executive Officer, Municipal Board, Suratgarh by communication dated 23rd October, 2007 made a request to the Director, Local Self Government, Jaipur to extend relaxation in educational qualification to the petitioner and to regularise his appointment. However, no positive action was taken by the Director and by an order dated 01st February, 2008, the Executive Officer, Municipal Board, Suratgarh ordered for recovery of sum of Rs. 116985/- from the petitioner, against the amount said to be paid in excess, against his gross retiral benefits. The recovery aforesaid was made in pursuance of directions given by the Deputy Director, Department of Local Self Government, Bikaner Region, Bikaner by letter dated 09th September, 2007. The respondents have also yet not released pension to the petitioner. Being aggrieved by the same, this petition for writ is preferred.
(3.) A reply to the writ petition has been filed on behalf of respondents, stating therein that the petitioner was not possessing the requisite qualification i.e. of having Middle School certificate with ITI in the trade concerned, to hold the post of Pump Driver as well as the post of Lineman. As such, his appointment was erroneous from inception. According to the respondents, the petitioner is not entitled for pensionary benefits and other post retiral benefits.;