CW8761/2006 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.8761/2006 Brij Mohan Sharma Vs. The State of Rajasthan and Another Date of Order ::: 25.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Vinodi Lal Mathur, Counsel for petitioner Miss Sunita Satyarthi, Additional Government Counsel for respondents #### By the Court:- This writ petition has been filed by petitioner with prayer that respondents be directed to count period of 7 months 4 days of service i.e. from 18.10.1968 to 16.05.1969 as part of his qualifying service with government for payment of pension and other retiral benefits. It is contended that petitioner was initially appointed as welfare worker in office of District Soldiers and Sailors Airmen Board, Jaipur, in regular pay scale vide order dated 18.10.1968. His services were transferred to Rajasthan Tourist Department by order dated 06.05.1969 where from he retired on attaining age of superannuation on 31.08.2000. According to petitioner, he has completed total qualifying service of 31 years 10 months and 13 days and respondents were required to compute his pension and other retiral benefits on basis of entire period of service. Instead, CW8761/2006 // 2 // however, service rendered by him to District Soldiers and Sailors Airmen Board has been ignored. Learned counsel submitted that according to Rule 54(3) of Rajasthan Civil Services (Pension) Rules, 1996, fraction of a year equal to three months and above shall be treated as completed one- half-year and reckoned as a qualifying service. If that is done, pension and other retiral benefits of petitioner would be liable to be computed on basis of 64 half yearly instead of 63 half yearly count. Respondents should therefore be directed to grant him such benefit with interest at rate of 18% per annum. Learned counsel also submitted that respondents have also relied on Government decision dated 08.12.1970 taken under Rule 208(B) of the Rajasthan Service Rules and further Government circular dated 25.01.1984 and argued that in that government decision it has been provided that even an employee of local bodies/corporation were entitled to get their service rendered with such organization counted towards qualifying period of service for pension when they join government service. District Soldiers and Sailors Airmen Board was constituted under order of government and District Collector is its President in all Districts. Respondents may therefore be directed to count period of service rendered by petitioner with the Board as part of qualifying service. Ms. Sunita Satyarthi, learned Additional CW8761/2006 // 3 // Government Counsel, has opposed writ petition and submitted that service rendered by petitioner in District Soldiers and Sailors Airmen Board cannot be taken as qualifying service for purpose of pension. Petitioner has already been granted pension as per his actual service rendered to Government. Computation made by respondents is perfectly just and proper. Perusing material on record, I find that respondents haven not denied the fact with regard to appointment of petitioner with District Soldiers and Sailors Airmen Board on 18.10.1968 but they say that this appointment was on fixed salary of Rs.100/- per month and Rs.25/- per month was fixed for travelling allowance and dearness allowance, but in Para 3 of reply to writ petition they did not deny averment that services of petitioner were transferred to Tourist Department, Ajmer of Government on post of LDC under regular pay scale. Assertion made by petitioner is that services were transferred vide order dated 06.05.1969 to Tourist Department of the State Government. It was an appointment by way of transfer. The appointment made in Department of petitioner was ultimately made regular and substantive which was preceded by his earlier appointment in said Board. Government under Rule 14 has power to condone period found short in qualifying service and in exercise of those powers, issued Circular dated 08.12.1970 and 25.01.1984, whereupon reliance has been palced by CW8761/2006 // 4 // petitioner, has been issued. Here when said Board was established by order of Government and it is headed by District Collectors in every District, there is no reason to treat part of service of 7 months 4 days i.e. from 18.10.1968 to 16.05.1969 rendered by petitioner to said Board, as part of qualifying service with government for purpose of payment of pension and other retiral benefits to ptitioner. In result this writ petition is allowed. Respondents are directed to treat period of 7 months 4 days service, which was rendered by him to District Soldiers and Sailors Airmen Board, as part of qualifying service for purpose of pension and other retiral benefits and compute such benefits on basis of 64 half yearly and to pay to petitioner all consequential benefits with interest thereon at rate of 6% per annum. Compliance of this order be made by respondents within three months from date its copy is produced before them. (Mohammad Rafiq) J. //Jaiman//