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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Sunita Rani, W/o. Late Shri Dr. Ravindra Kumar – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Animal Husbandry, Government Of Rajasthan – Respondent
Order :
(FARJAND ALI, J.)
1. The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs :-
"(a) By an appropriate writ order or direction, in the nature thereof, the respondents, may kindly be directed to immediately determine the entitlement of petitioner, being legally wedded wife of Shri Ravindra Kumar, Veterinary Officer, to receive all retirement/service benefits and family pension in terms of Rule 12 (b), 54, 60 to 62 of the Rajasthan Civil Service (Pension), Rules 1996 and consequently the respondents may kindly be directed to release, said dues with interest at the rate of 18% per annum for the delay in release of said benefits.
(b) By an appropriate writ order or direction, in the nature thereof, the respondents, may kindly be directed to release, death gratuity of her husband Shri Ravindra Kumar and to release leave encashment amount, ESI claim amount, and to release Family Pension to petitioner, by treating death of her husband on duty, in terms of her entitlement as per Rajasthan Civil Service (Pension), Rules 1996 and arrears thereof be ordered to be paid with interest at the rate of 12% per a
Long-term service and integration into government employment structure can entitle temporary employees to pension and benefits, despite initial classification.
Pension – Essence of employment and rights thereof cannot be merely determined by initial terms of appointment when actual course of employment has evolved significantly over time – Mere classificati....
Lengthy service by an employee on ad-hoc basis, when performed against a sanctioned post, must be counted towards seniority and benefits, ensuring equitable treatment in state employment.
Pension and retirement benefits are rights, not discretionary, and must be paid with interest for delays, recognizing the entire service of permanent government employees.
Continuous service and regularization can establish entitlement to pension, overriding initial non-permanent employment status.
Employees granted temporary status are entitled to pensionary benefits as regular employees, irrespective of formal regularization.
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