Hon'ble Dr. KOTHARI, J.—The present batch of the cases is filed by the retired workmen of respondent Mahi Bajaj Sagar Project, Banswara for claiming pension under the Rajasthan Civil Services (Pension), Rules, 1996 and the facts are illustratively taken from S.B. Civil Writ Petition No. 194/2009- Bhagawan Giri S/o Nathu Giri vs. the State of Rajasthan and others.

2. The petitioner Bhagawan Giri S/O Sh. Nathu Giri was initially appointed as work-charge employee on muster roll basis as Fitter on 15.12.1962 and thereafter, he was posted at Mahi Dam Project on 20.8.1964. He was given the regular pay scale of Fitter cum Boring Operator w.e.f. 01.05.1966 and was conferred the semi-permanent status under the Work Charge Employees Service Rules, 1964 (since repealed in the year 1994). The petitioner’s services were absorbed against the 43 regular posts (work-charge) created by the respondent - State vide order Annex.1 dated 30.04.1981 by which 43 such work-charge employees were absorbed on the posts so created and the petitioner at serial No. 12 in the said order, was also absorbed as Boring Operator whereas another person Mr. Prabhakar Waghdare at serial No. 33 was also so absorbed as Senior Mistri. The petitioner Bhagawan Giri was retrenched on 4.3.1983 after completion of more than 21 years of service as work charge employee. Without challenging the retrenchment in any competent Court, the petitioner, however, made a representation to the respondent authority, namely, the Executive Engineer, Dam Sub Division-I, Mahi Project, Banswara vide Annex.4 dated 2.11.2007 for grant of pension to him as he had completed more than 20 years of the qualifying services and after serving a notice for demand of justice vide Annex.6 dated 8.12.2008, the petitioner filed the present writ petition on 5.1.2009 with the following prayers:

“i) by an appropriate writ, order or direction, the respondents be directed to grant the pensionary benefits along with gratuity to the petitioner after completion of 21 years of service w.e.f. 1.4.1983 along with arrears of pension with all consequential benefits.

ii) by an appropriate writ, order or direction, the respondents be directed to grant interest on the arrears of pension and other retiral benefits to the extent of 18% per annum from the date the same had become due till the date of payment.

iii) by an appropriate writ, order or direction, the respondents be directed to implement the judgment of this Hon'ble Court in the case of Prabhakar Waghdare in the case of the petitioner and to direct the respondents to confer him the benefit of pensionary and other retiral benefits alongwith interest with all consequential benefits.”

3. Upon issuance of the notices, the respondent – Irrigation Department has filed a reply to the writ petition on 07.01.2010 and have disputed the claim of the petitioner for grant of pension.

4. Mr. Manoj Bhandari, the learned counsel appearing for the petitioner vehemently submitted that the petitioner was entitled to the grant of pension and he drew the attention of the Court towards the judgment rendered by a coordinate bench of this Court in the case of his another colleague referred to above, namely Prabhakar Waghdare vs. State of Rajasthan - S.B. CWP No. 5052/1993 decided on 08.09.2005. A copy of the said judgment is placed on record as Annex.7 of this writ petition in which the learned Single Judge of this Court allowed the writ petition and held the said person Prabhakar Waghdare was entitled to the grant of benefit of pension upon his regularisation in the service with effect from 01.03.1979 under the same order dated 30.04.1981, Annex.1 which is common to the present petitioner as wall as the said person – Prabhakar Waghdare. The relevant extract of the said judgment dtd.8.9.2005 of the coordinate bench is quoted below for ready reference.

“Heard counsel for the parties.

The respondents in the quite unequivocal terms stated that the petitioner at his own opted for voluntary retrenchmen

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