1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2319/03 Suraj Mal Nahar vs. State & Ors. Date of order : 1/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.K. Mathur for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** Controversy raised in this writ petition is squarely covered by judgement of coordinate bench of this Court in Om Prakash Bansal vs. State & Ors., RLR 2004 (3) page 668, wherein it was held as under: “For these reasons, I dispose of the writ petition in the following terms:- (i) Sub rule (2) of Rule 10 of 1995 Rules shall stand quashed and set aside being violative of Article 14 and 16 of the Constitution of India. (ii) The respondents are directed to compute the qualifying service of the petitioner as 33 years and 6 months instead of 24 years and 11 months and difference of pension shall be paid to petitioner within three months from the date of receipt of copy of this order. (iii) No order as to costs.” The writ petition is therefore disposed 2 of in the light of the aforesaid judgement. The direction aforequoted mutatis mutandis be applied to the present case as well. (MOHAMMAD RAFIQ), J. RS/