1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6717/04 Dr. Shri Krishan Mahavir Soham vs. Rajasthan Agriculture University Date of order : 26/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ankur Rastogi for the petitioner. Shri P.S. Tomar for Shri R.A. Katta for the respondents. ****** This writ petition has been filed by the petitioner aggrieved by the action of the respondents in not counting his period of service rendered on ad hoc / temporary capacity for the purpose of grant of pension. This period runs from 20.8.1975 to 1.11.1982 and the petitioner has prayed for a direction to treat such period as qualifying service and accordingly grant him benefit of pension consequent upon his retirement on 31.10.2003. Shri P.S. Tomar, learned counsel for the respondent has contested the claim of the petitioner for counting the temporary service as qualifying service on the ground that apart from the fact that petitioner was appointed in temporary capacity, he was 2 originally appointed in Mohan Lal Sukhadia University where from he was taken in service of Rajasthan Agriculture University and therefore such service even otherwise cannot be counted even for grant of pension. It is submitted that barring this period the pension papers of the petitioner for the subsequent period have been finalised and copies whereof have been placed on record. The petitioner can collect the papers and get pension. Shri Ankur Rastogi, learned counsel for the petitioner has rejoined and submitted that in exactly identical circumstances, this Court in the case of S.R.S. Yadav vs. Rajasthan Agriculture University, Bikaner, S.B. Civil Writ Petition No.7118/03 decided on 8.7.2004 directed the respondent University to treat the temporary / adhoc service of the petitioner in that case as part of the qualifying service in accordance with Rule 179 of the Rajasthan Service Rules as per the law laid down by this Court in Ismile Khan vs. State of Rajasthan-1986 RLR 24. Learned counsel submitted that in that case too the petitioner was originally 3 working in Mohan Lal Sukhadikya University where the petitioner was working and he was granted the same relief. The respondents have passed the order dt. 27.9.06 in compliance of this Court's order dated 8.7.2004 and the aforesaid Shri S.R.S. Yadav has been granted all such reliefs. A perusal of the order dated 27.9.06 reveals that Registrar of University by the aforesaid order taking note of various decided cases observed that the services rendered by an government servant on adhoc and temporary basis is treated as part of the qualifying service for grant of pension and that even in the University Pension Rules 1991, there is no bar for counting such period of service, which is rendered on ad hoc / officiating / temporary / stop gap arrangement basis for the purpose of grant of pension. In the light of above, the case of the petitioner is not found to be distinguishable from one referred to above. Resultantly, this writ petition is allowed. The respondents are directed to treat the period of service of petitioner on 4 temporary basis from 20.8.1975 to 1.11.1982 as part of qualifying service for grant of pension and accordingly finalise his pension case. The arrears shall be also paid to the petitioner along with interest @ 6% per annum. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/