IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.477 of 2009 Decided on : June 30, 2010 Vinod Kumar Nag …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Ms Rita Goswami, Advocate. For the Respondents : Mr. R.P. Singh, Assistant Advocate General, for respondents No.1 & 3. Mr. Ajeet Saklani, vice counsel for respondent No.2. Surjit Singh, J (Oral) Petitioner is aggrieved by the order dated 31st January, 2008, Annexure P-1, whereby on his retirement only benefit of Death-cum-Retirement gratuity is sanctioned in his favour, but no pension has been sanctioned. 2. Petitioner joined as Volunteer Teacher on 3rd March, 1992. At that time, he did not possess the requisite qualification for appointment as a Teacher. He did not hold even JBT diploma. Lateron, he was appointed on regular basis, w.e.f 1st August, 1998, the date on which special JBT certificate was awarded to him, on completion of five years service as Volunteer Teacher. He retired from Whether reporters of the local papers may be allowed to see the judgment? …2… service on 31st January, 2008, before completing ten years service. 3. Minimum qualifying service to be eligible for pension is ten years, per Rule 49(2)(b) of the CCS (Pension) Rules, 1972. Petitioner, having not completed ten years qualifying service, has not been awarded any pension. 4. Petitioner’s contention is that service rendered by him, as Volunteer Teacher, is required to be taken into account, in view of the provisions of Rules 13 and 14 of CCS (Pension) Rules, and Government of India Decision No.2, below Rule-2 of the said Rules. 5. I have heard the learned counsel for the parties. 6. Petitioner’s plea that service rendered by him as Volunteer Teacher also qualifies for pension is not correct. Rules 13 and 14 of CCS (Pension) Rules do not come to his aid, because from the very language of the two Rules, it is clear that they apply to a person who is appointed against a post. In the present case, petitioner was appointed Volunteer Teacher, without there being any post. For the same very reason, Government of India Decision No.2, appearing below Rule-2 of the said Rules, also does not come to the rescue of the petitioner. 7. However, the record shows that after his regularization with effect from 1st August, 1998, petitioner …3… rendered regular service for nine years and six months. Had he been in service for six more months, he would have been entitled to pension. Since there is shortfall of only six months, writ petition is disposed of, with a direction to the concerned department of the Government to consider the case of the petitioner for granting him pension, by relaxing Rule 49(2)(b) of the CCS (Pension) Rules, in exercise of its power, under Rule 88 of the said Rules. The department is directed to decide the issue within two months from today. June 30, 2010(sd) ( Surjit Singh ), J