1 CWP No.10393/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.10393/2009 Balbeer Singh and another Versus The State of Rajasthan and another Date of order ::: December 10, 2010 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Sandeep Saxena, for the petitioner Mr.Ajay Kumar Tanenia on behalf of Mr.Pradeep Kalwania, Dy.Govt.Counsel BY THE COURT (1) Issue notice to the respondents. (2) Mr.Ajay Kumar Tanenia is directed to accept the notices. (3) Counsel for the petitioner submits that the controversy raised in this writ petition is squarely covered by the judgment of the Single Bench of this Court in Om Prakash Bansal V. State of Rajasthan decided on 12.5.2004. The said order was upheld by the Division Bench in DBSAW No.496/2004 decided on 27.9.2005. The relevant para 7 of the judgment dated 12.5.2004 is as follows: “7. It is evident that even a temporary employee is entitled to get pension pursuant to the afore quoted Rule. Undeniably Rule 10.2 of 1995 rules was framed ignoring the provisions contained in Rule 179 of RSR. The artificial distinction created by State of Rajasthan is arbitrary and discriminatory and violative of Articles 14 and 16 of the Constitution of India. Even otherwise, the contribution made towards CPF by the respondent does not make any distinction for the reason that as per the scheme whatever contribution was made has to be refunded back to the employer after making deduction from the employees contribution. The employer's contribution has to be transferred towards pension fund.” (4) Counsel for the State does not dispute the aforesaid legal 2 CWP No.10393/2009 position. (5) In view of above, the writ petition is allowed in terms of the aforesaid judgment. The respondents are directed to compute the qualifying service of the petitioners rendered by them prior to 20.10.1978 and difference of pension shall be paid to the petitioners within three months from the date of receipt of copy of this order and further appropriate orders be passed revising the pension by counting their service from the date of initial appointment as per aforesaid direction for the purpose of pension. (PREM SHANKER ASOPA) J. गोpa ल