1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4602/2003. : : Amrao Singh Rathore Vs. Principal Secretary to the Govt. of Rajasthan & Ors. : : Date of Order 1.12.2008 HON'BLE MR.JUSTI CE MOHAMMAD RAFI Q Mr.H.O.P.Mathur for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Though learned Additional Government Counsel sought to distinction this case from the earlier judgment of this Court in Yogesh Chandra Harit Vs. State of Rajasthan & Ors. : WLC (Raj.) 1997 (3) Pg.710, but he could not distinguish because the facts of the case are exactly similar to the one which was allowed by this Court in the earlier judgment. Learned counsel for the petitioner argued that the petitioner was substantially appointed as Public Analyst and was given additional charge of Chief Public Analyst and he claimed that amount of special pay should be treated as part of pay for the purpose of pension, gratuity and other retiral 2 benefits. Reliance in this connection is placed on the definition of pay as given in Rule 7 (24) of Rajasthan Service Rules, which interalia includes special pay as part of pay. This Court in the aforesaid judgment allowed the writ petition with direction to the respondents to include such special pay as part of pay for the purpose of pension, gratuity and other retiral benefits. In the result, this writ petition is allowed in terms the writ petition in the aforesaid case was allowed. The petitioner shall be mutatis mutandis entitled to the same relief as was allowed to the writ-petitioner Yogesh Chandra Harit in the aforesaid case with interest @ 9% per annum as per Rule 89 of Rajasthan Civil Services (Pension) Rules, 1996 from the period of delay beyond 60 days from the date of his retirement on the amount of arrears that may be found due. Compliance of the judgment be made within three months from the date copy its judgment is produced before the respondents. (MOHAMMAD RAFI Q)J. A.Arora/ - Item No.14.