TMI Blog2008 (12) TMI 720X X X X Extracts X X X X X X X X Extracts X X X X ..... in the year 1958 and confirmed on the said post vide order dated 22.8.1972 with effect from 31.3.1970, died in the year 1978. Appellant after 14 years of her husband's death claimed family pension of her husband under Rule 22A of the Rajasthan Public Works Department (B R) including Garden, Irrigation, Water Works and Ayurvedic Department Work Charge Employees Service Rules, 1964 (for short 'the Rules) which came into force with effect from 17.09.1980. Since, no order was passed on her representation, she filed a writ petition bearing No. 6890 of 1992 before the High Court of Rajasthan, Jaipur Bench, Jaipur. A learned Single Judge of the High Court dismissed the said writ petition. Appellant thereafter filed a Special Appeal bearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f learned Additional Advocate General that the widows of the work charged employees died after September1, 1982 were only entitled to opt for pension. I do not find any difference between two widows to work charged employees, one who died prior to September 1, 1982 and another who died after the said date. Interpretation of sub rule (6) of Rule 22A, that discriminates between the two widows cannot be accepted. Language of sub rule (6) is very clear and it mandates that with effect from September 1, 1982 the widows of deceased work charged employees who were permanent and eligible for CPF but died without opting for pension, could also exercise option for pension. The special appeal filed by the State of Rajasthan against the order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as admittedly her husband died in the year 1978. The question of exercising the right of option, as provided for, under rule 22A would arise only if the employees were eligible therefor on the date of coming into force thereof. It has not been given retrospective effect. As no retrospective effect to the rule has been given, the question of extending the benefit thereto to those who were not otherwise entitled thereto does not and cannot arise. A delegated legislation, as is well known, is ordinarily prospective in nature. A right or a liability which was created for the first time, cannot be given a retrospective effect. Furthermore, the intention of the State in giving a prospective effect to that rule is clear and explicit; the amendme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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