Ashok Kumar, J.

The petitioner has filed the present writ petition for seeking a direction against the respondents to pay the amount of Contributory Provident Fund for the period from 02.06.1967 to 31.03.1977 along with interest @ of 24% per annum. The petitioner also prayed for re-fixing his pension amount after grant of said amount of CPF.

2. The brief facts in nutshell are that the petitioner was initially appointed on the post of Electrician in Jaipur Milk Supply Scheme, Jaipur on 02.06.1967. The petitioner was confirmed as Plant Mechanic vide order dated 24.09.1973.

3. The Government of Rajasthan vide its letter dated 22.11.1976 invited option for transfer and permanent absorption of persons, who were working in different Milk Schemes, including Jaipur Milk Supply Scheme, Jaipur. The petitioner submitted his option to join the Rajasthan Cooperative Dairy Federation Ltd. The State Government issued an order dated 30.03.1977 transferring the services of the petitioner along with other employees to the Rajasthan Cooperative Dairy Federation Ltd. The petitioner was later on confirmed on the post of Foreman on 22.11.1978. He was transferred to Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. w.e.f. 27.07.1993 and the petitioner was fixed in the pay scale of Rs. 2000-3200 w.e.f. 17.07.1993.

4. The petitioner attained the age of superannuation on 31.05.1998 and as such, he retired from the post of Foreman.

5. The petitioner, on his retirement was paid the amount against insurance, unconsumed leave and gratuity for the period he rendered services i.e. 31 years. The petitioner was paid the amount of Contributory Provident Fund only for 21 years and 2 months and the amount of Contributory Provident Fund for the period from 02.06.1967 to 31.03.1977 was not paid.

6. The petitioner approached various authorities and requested that he was entitled for amount of Contributory Provident Fund from 02.06.1967 to 31.03.1977 as he had rendered the services with his erstwhile employer and there, his amount of CPF was deducted. The petitioner is also said to have served a legal notice and then approached this Court.

7. Mr. Alok Garg, the learned counsel for the petitioner has submitted that the services rendered by the petitioner in Jaipur Dairy for 9 years and 10 months was under the Jaipur Milk Supply Scheme, which was under the direct control of Agricultural Department, Government of Rajasthan and as such, non-payment of Contributory Provident Fund amount is highly arbitrary and without any justification. Mr. Garg has further submitted that CPF is not a bounty but legal right of the petitioner and without any valid justification, such amount cannot be withheld by the employer. Mr. Garg has further submitted that the various correspondence, which has been communicated to different employer-respondents also reflect that petitioner had rendered the service for the disputed period but none of the respondent is owning the responsibility to pay the amount for the service rendered by the petitioner, wherein the deductions were made from his salary for Contributory Provident Fund. Mr. Garg has further submitted that in Contributory Provident Fund, employee as well as employer, both are required to contribute their share and after attaining the age of superannuation, the employee is required to receive the entire CPF amount.

8. There are five respondents in the instant petition i.e. (1) State of Rajasthan through Secretary, Agriculture Department, (2) Rajasthan Co-operative Dairy Federation Ltd., (3) Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd., (4) Director, State Insurance and Provident Fund Department and (5) The Provident Fund Commissioner. The learned counsel for all the respondents have disowned the liability to pay the amount in one way or another. The Agricultural Department has taken the stand that erstwhile services of the petitioner rendered in Jaipur Milk Supply Scheme were under the control of Agricultural Department of State of Rajasthan a