M.B. Sharma, J. - (1.) HEARD . We have gone through the order of the Tribunal. The question before the Tribunal was as to whether a government servant, who has sought voluntary retirement under Rule 244(1) of the Rajasthan Service Rules, 1951 and thereafter seeks employment in Jaipur, Nagaur Anchalik Gramin Bank, which, admittedly, is not a department of the government nor is government service, he is not entitled to increase in pension which is admissible to the pensioners of the State Government? The Tribunal considered the matter and placed reliance on the decisions of this Court in (1) D.B. Civil Writ Petition No. 291/89. State of Raj. v. Amar Singh Bordia and Anr. decided on 24 -5 -1990, (2) Prof. D.L. Mathur v. State of Rajasthan and Anr. S.B. Civil Writ Petition No. 1782/87 decided on 22 -9 -1989 and took a view that the persons like the respondent, who had sought reemployment in Jaipur Nagaur Anchalik Gramin Bank were entitled for increase in the D.A. in pension and the very fact that they had been employed or re -employed in the bank will not debar them from increased D.A. in pension. The learned Counsel for the petitioners has contended that both the benefits cannot be given and he has referred decision No. 13 of Rule 256 of the R.S.R. Bare reading of the Clarification thereto will show that the order shall apply both to the employment and re -employment of persons in Government Service. Therefore , it would not be applicable to other than the government service.
(2.) WE may state that we have already taken the same view in case D.B. Civil Writ Petition No. 4880/91, State of Raj. and Ors. v. Chandra Prakash Jain and Anr. on 16 -9 -1991. Consequently, we find no error in the view taken by the Tribunal. The writ petition is dismissed summarily.;