1 D.B. CIVIL SPECIAL APPEAL(W)NO.413/2008 State of Rajasthan & Ors. Vs. Krishan Bhagwan Narang & Ors. Date of Judgment :: 13-05-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. N.K. Mehta, for the appellant-State. This appeal has been preferred by the State of Rajasthan against the judgment of the learned Single Judge whereby the petition of the respondent was allowed with a direction to the appellants to re- determine the pension of the respondent for the entire period of service rendered by him including the service which he rendered with the Municipal Council, Sriganganagar from 1.4.1961 to 31.3.1965. The learned counsel for the appellant has argued that the aforesaid period of service rendered by the respondent with the Municipal Council, Sriganganagar could not be counted towards the qualifying service for grant of pension in the respondent P.H.E.D of the State because the respondent no.4 has not deposited his contribution towards the Provident Fund for the aforesaid period. The learned counsel further submitted that according to the Government Circular dated 15.4.1996, once the pension case has already been settled, it cannot be reopened. Learned counsel for the appellant while referring to the additional affidavit filed by the State in the writ petition argued that though the contribution for the aforesaid period was deposited 2 by the Municipal Council, Sriganganagar but it was deposited in account No.8011 whereas the pension account of the petitioner with the State Government was 2071. Having heard learned counsel for the State and perused the impugned judgment as also the affidavit, we find that the contribution deposited by the Municipal Council, Sriganganagar in a wrong account and not in the correct account of the respondent, would not make any difference as the money ultimately has gone to the State coffers. In spite of the Circular dated 15.4.1996 referred to above by the appellant, if it is found that the period of service lawfully rendered by the employee has wrongly been excluded for the purpose of grant of pension, the court can legitimately direct for inclusion of such period qualifying for grant of pension. The learned Single Judge on facts of the case has held that the service rendered by the petitioner in the Municipal Council, Sriganganagar has to be counted towards the qualifying service computed for the purpose of grant of pension as per the rules and on account of the lapse on the part of the Municipal Council for depositing the contribution in a wrong account, the employee cannot be made to suffer for no fault on his part. We find ourselves in agreement with the view taken by the learned Single Judge and therefore, do not find any merit in this appeal which is accordingly dismissed. [MOHAMMAD RAFIQ],J. [NARAYAN ROY],CJ. Praveen