- (1.) HEARD learned counsels for the parties.
(2.) IN this case, the controversy involved is that the respondents are not counting the entire service period of the petitioner for the purpose of qualifying service and granting pensionary benefits. Learned counsel for the petitioner submits that initially petitioner was appointed on temporary basis w.e.f 22.07.63 and continued on the post as temporary employee till 28.06.68 and said period has not been taken into account for the purpose of reckoning qualifying service for pension, therefore, denial of calculating said period for pension is contrary to the rules. According to learned counsel for the petitioner, under Rule 12(b) of the Rajasthan Civil Services (Pension) Rules, 1996 [hereinafter referred to as 'Rules of 1996'], the said period is required to be counted for the purpose of granting pensionary benefits. Therefore, the communication dated 03.02.2004 (Annex.15) may be quashed and respondents may be directed to calculate the said period for pension. Learned counsel appearing on behalf of respondents vehemently opposed the prayer and submits that initially petitioner appointed on temporary basis without following procedure prescribed in the rules for recruitment, therefore, there is no illegality in the order dated 03.02.04 passed by District Education Officer, therefore this writ petition may be dismissed. After hearing learned counsel for the parties, I have perused Rule 12(b) of the Rules of 1996 which reads as under :- "12. Commencement of qualifying service - (a) Except for compensation gratuity, a Government's service does not qualify till he has completed eighteen years of age. (b) Subject to the provisions of these rules, the qualifying service of a Government servant shall commence from the date he takes over charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity."
(3.) ON perusal of above provision, it is abundantly clear that respondents cannot deny the benefit of pension on account of service tendered on urgent temporary basis. The respondents are under an obligation to take into account the service period of the petitioner in which he rendered service on temporary basis for the purpose of calculating qualifying service for pension. Therefore, this writ petition is disposed of with direction to the respondents to consider the case of petitioner in the light of Rule 12(b) of the Rules of 1996 and pass appropriate orders for the purpose of pension, within a period of three months from today and grant all benefits in accordance with law.;