1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6900/2002. : : Vishwa Nath Prasad Vs. State of Rajasthan & Anr. : : Date of Order 6.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Manoj Pareek for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed by the petitioner with the grievance that the respondents have not counted the period of service which the petitioner has rendered on temporary basis towards qualifying period for grant of pension. The petitioner was appointed with the respondents on the post of Milk Tester in the Jaipur Milk Supply Scheme and eventually worked with them on temporary basis for the aforesaid period, but subsequently confirmed on the same post on 5.1.1968. The petitioner was eventually declared surplus and was absorbed in the GAD Secretariat, Jaipur wherefrom he retired on 31.1.2000 as UDC. It was argued that even though the petitioner rendered the service of the 2 aforesaid period but there was no break in the aforesaid period. Learned counsel for the petitioner referred the judgment of Rajasthan Civil Services Appellate Tribunal Rajasthan, Jaipur dated 4.10.1989 in the case of Om Prakash Bhatnagar Vs. State of Rajasthan & Ors. : Appeal No.203/1988 and argued that by the aforesaid judgment exactly similar circumstances employee was granted the benefit of counting temporary period of service towards qualifying period of service for grant of pension. Learned counsel submitted that aforesaid Shri Om Prakash Bhatnagar has been granted the retiral benefits. Learned counsel also submitted this Court in the case of Hardev Prasad Vs. State of Rajasthan & Anr. : SB Civil Writ Petition No.1148/2002 allowed the writ petition vide judgment dated 5.1.2009 holding that services rendered on temporary basis are liable to be counted towards qualifying service for grant of pension in view of Rule 12 of Rajasthan Civil Services (Pension) Rules, 1996 and Rule 188-B of Rajasthan Civil Service Rules, 1951. In the result, this writ petition is allowed. The respondents are directed to count the period from 6.3.1965 to 4.1.1968 towards qualifying period of service for grant of retiral benefits. The petitioner shall also be entitled for consequential benefits. 3 Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.34.