CW 6835/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6835/2006 Hari Singh Tank Versus State & Ors. Date of Order ::: 27/01/09 Hon'ble Mr. Justice Ajay Rastogi None, for petitioner. Mr. P. Kalwania, Addl. Govt. Counsel, for respondent State Only grievance raised in instant petition is that since petitioner was appointed initially in the services of respondents in the cadre of Class IV vide order dt.08/02/71 (Ann.1), he is entitled for pensionary benefits from the date of his initial appointment. However, respondents have considered his qualifying service for the purposes of pensionary benefits from the date he joined service as Teacher Gr.III on 09/02/72 (Ann.2). In their reply, respondents inter-alia averred that petitioner was initially appointed as against leave vacancy and was later on appointed vide order dt.09/02/72 (Ann.2); as such services rendered prior thereto, cannot be considered for the purposes of computation of pension and other benefits, to which he is entitled for under law. Chapter II of Rajasthan Civil Services (Pension) Rules, defines qualifying service; as per R.12, one is entitled for qualifying service, commencing from the date employee takes over CW 6835/06 //2// charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity. It is not the case of respondents that after petitioner was initially appointed on 08/02/1971, there was any break in his service irrespective of the fact as to whether he was Class IV servant or Teacher that will not make a change in computing total service which can be considered as qualifying service under Scheme of Pension Rules, especially in terms of R.12 whereof. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to re- compute retiral benefits of petitioner treating his qualifying service w.e.f.08/02/71 and after its computation, arrears be also paid to him within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p2/6835CW06-27Jn.doc