1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4996/1995 H.N. Mathur vs. State & Ors. Date of order : 12/1/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ankur Srivastava for the petitioner. Shri Ganesh Meena, Govt. Counsel ) Shri Hemant Mathur, Deputy Govt. Counsel ) for the respondents. ****** Heard the learned counsel for the parties. This writ petition has been filed by the petitioner H.N. Mathur with the prayer that the respondent-State Government be directed to count the period of service rendered by him with Central Public Works Department from 20.8.1962 to 4.1.1967 as part of qualifying service for grant of pension. Contention of the learned counsel for the petitioner is that petitioner was initially appointed on the post of Assistant Engineer with the Irrigation Department of the Government of Rajasthan on being selected by Rajasthan Public Service Commission. His appointment order was issued on 2.12.1966, but he actually joined on 4.1.1967. Prior to this appointment, he was 2 already serving with the Central Public Works Department of Government of India having joined as such on 20.8.1962. He served with the Central Government upto 4.1.1967 and he had to resign that services prior to joining the service of State Government. Learned counsel submitted that the petitioner resigned from the service of the State Government from the post of Superintending Engineer on 31.12.1995. The learned counsel referred to the letter dated 29.12.1973 sent by office of the Accountant General Civil, Works & Misc., New Delhi to show that his G.P.F. fund was transferred to the State Government with reference to letter of the Accountant General, Rajasthan, Jaipur dated 21.11.1972. When this was done in 1973 itself, there was no reason for the respondents not to count the aforesaid period of service rendered by him with the Central Government as part of the qualifying service. Learned counsel in this respect relied on Rule 286 of the Rajasthan Service Rules and submitted that it was the responsibility of the Directorate of Pensions to have maintained all the records 3 and keep the accounts of the past service rendered by the petitioner. Despite his repeated representations, nothing was done. Learned counsel referred to Rule 179 of the Rajasthan Service Rules, 1951 and argued that if an officer has rendered service under Government in substantive / permanent, temporary or officiating capacity and for the aforesaid GPF fund has been transferred by the Central Government, then such service is required to be counted for calculating the qualifying service. Reference was made to Section-III of Appendix-IX to Rajasthan Civil Services (Pension) Rules, 1996 and it was argued that according to the instructions issued in that Section by the Government dated 23.9.1988, the petitioner was entitled to get his past service counted as part of the qualifying service under the State Government. Learned counsel for the petitioner submitted that even though the period during which the petitioner was kept awaiting posting i.e. 17.3.1985 to 2.5.1985, 25.7.1986 to 30.9.1986 and 8.10.1989 to 23.4.1990 and all such period was regularised, but he was neither paid the 4 actual salary for the aforesaid period, nor was pay fixation for the period falling subsequent thereto was made as per revised pay scale rules. Reliance was also placed on the division bench judgement in Udai Singh Udawat vs. Rajasthan High Court & Ors.-2005 (3) WLC (Raj.) 636. Shri Ganesh Meena, learned Government Counsel opposed the writ petition and submitted that the service rendered by the petitioner with the Central Government could not be counted towards qualifying service because petitioner resigned from that service and had obtained fresh appointment with the State Government. Whatever service he rendered to the State Government would only qualifying for grant of pension. Learned Government Counsel submitted that the awaiting posting order period of the petitioner in the above referred to three spells has already been regularised. So far as the salary for the awaiting posting order period from 25.7.1986 to 30.9.1986 is concerned, the same has been drawn by the Executive Engineer, Jaisalmer Int Bhatta Division, C.A.D., Indira Gandhi Nagar 5 Project, Jaisalmer and was disbursed to the petitioner. Action for drawing salary for the remaining two periods was under process when the reply to the writ petition was filed. The writ petition therefore deserves to be dismissed. Having heard the learned counsel for the parties and perused the material on record, especially keeping in view of the letter of the Accountant General, Commerce, Works & Misc., New Delhi dated 29.12.1973, it is evidently clear that the balance of the GPF fund of the petitioner was transferred by the Central Government to the State Government way back in the year 1973. As per the understanding between the two Governments reflected from the instructions issued by the Central Government as well as State Government and contained in Section- III of Appendix-IX to the Rules of 1996, the State Government is under an obligation to count the period of service rendered by the petitioner with the Central Government for the period from 20.8.1962 to 4.1.1967. The instructions on this subject are quite clear and leave no manner of doubt. 6 In so far as the question with regard to non-payment of salary for the period during which the petitioner was kept awaiting posting order and benefit of pay fixation and revision of pay scale is concerned, the reply to the writ petition that was filed long ago, indicates that awaiting posting order period of the petitioner was regularised in respect of the three spells. However, it was stated in para 7 of the reply regarding payment of salary only in respect of one period i.e. from 25.7.1986 to 30.9.1986, but for the remaining period nothing was said. However, on the question of pay fixation and revision of pay, it was said that after regularisation of the awaiting posting period, the steps shall be taken to do the same. 1. In the result, this writ petition is allowed. The respondents are directed to count the aforesaid period of service rendered by the petitioner with the P.W.D. of the Central Government from 20.8.1962 to 4.1.1967 and accordingly recalculate his pension. The respondents are also directed to make payment to the petitioner 7 from the period 17.3.1985 to 2.5.1985 and from 3.10.1989 to 23.4.1990, if not already made, and make all his pay fixation and grant benefit of pay revision, if not already given and grant him all the consequential benefits. The petitioner shall also be entitled to interest @ 9% per annum for the arrears payable consequent upon implementation of the judgement. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/