Smt. Bhuri Bai vs The State of Rajasthan and Another

A.K. Mathur, J.—This petition was received by post from one Smt. Bhuri Bai widow of Gamera, Hiran Magri, Sector 5, 2 M 43, Udaipur. This petition, was registered and the notices were issued to the respondents.

The brief facts, which are necessary for the disposal of this petition, are that the petitioner is widow of one Shri Gamera. Shri Gamera was appointed by the Assistant Engineer (Irrigation) Sub-Division, Girwa, Udaipur on 16.1.1970 as a work charge employee and he was declared semi-permanent with effect from 16.1.1970. Shri Gamera expired on 13.2.1981 while he was semi permanent work charge employee. Late Shri Gamera died before he could be declared permanent. Wife of deceased Gamera applied for pension but the same was denied to her because late Shri Gamera was not declared permanent, therefore, he was not entitled to pension.

In pursuance of the notice a reply was filed by the Department and the Department has taken the position that since the petitioner''s husband Shri Gamera was not made permanent after completion of 10 years of service as per the Rajasthan Public Works Department (B & R) including Gardens, Irrigation, Water Works and Ayurvedic Department Work-charged Employees Service, Rules, 1964 (referred to hereinafter as the Rules of 1964'') therefore the widow of deceased Gamera is not entitled to pension.

This Court in two cases, namely, Sujan Singh v. State and Ors. Writ Petition No. 1258 of 80, decided on 9.4.1991 reported in 1991 WLR (UC) 340 and in Smt. Subhadra Devi v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 30/1989, decided on April 1, 1992, has taken the view that all the work-charge employees who had completed 10 years of service shall be deemed to be in permanent service and will be entitled to all pensionary benefits under the Pension Rules.

In the present case, the petitioner''s husband was initially appointed on 16.1.1970 as Chowkidar under the orders of the Assistant Engineer (Irrigation) Sub-Division Girwa, Udaipur and he continued in service till he expired on 13.2.1981. Thus, he has completed more than 10 years of service. He was declared semi permanent also but he could not be declared permanent after the expiry of the period of 10 years and he expired. Therefore, he will be treated to be permanent employee. Once the incumbent is trated to be permanent employee then he will be entitled to all pensionary benefits according to the Rules and likewise his widow will be entitled to family pension according to the Rules.

In the facts and circumstances of this case, it is directed that the deceased Gamera shall be treated as a permanent employee as he has put in more than 10 years of service. Therefore, his wife Smt. Bhuri Bai will be entitled to family pension. The Chief Engineer, Irrigation Department, Rajasthan Jaipur is directed to prepare the necessary papers of family pension of the petitioner and send the same to the concerned department for releasing the family pension to Smt. Bhuri Bai. This should be done within a period of 3 months from today. It will be the responsibility of the Chief Engineer Irrigation Rajasthan to see that Smt. Bhuri Bai gets her pension within the period of three months from the date of receipt of this order. A copy of this order be sent to the Chief Engineer Irrigation Rajasthan, Jaipur. A copy of this order may also be sent to the petitioner for information.

The writ petition is accordingly allowed. No orders as to costs.