PUKHA RAM PARIHAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-11-86
HIGH COURT OF RAJASTHAN
Decided on November 11,2013

Pukha Ram Parihar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

VIJAY BISHNOI, J. - (1.) THE petitioner has filed this writ petition with the following prayers: - "1. By an appropriate writ order or direction the respondents are directed to include the previous service rendered by the petitioner under Panchayat Samiti Desuri, District Pali as qualifying service for the pensionary benefits and re - compute his pensionary and other retiral benefits. 2. The respondents may be directed that after re -calculating the pensionary and other retiral benefits of petitioner within a stipulated time as deems proper to this Hon'ble Court under the circumstances, pay arrears within a month of such determination failing which the respondents may be directed to pay an interest at the rate of 6% per annum to the humble petitioner from the date of such determination. 3. The cost of litigation may also kindly be awarded to the humble petitioner."
(2.) BRIEF facts of the case are that the petitioner was appointed as teacher vide order dated 17.11.1981, passed by the Vikas Adhikari, Panchayat Samiti Desuri, purely on temporary basis till availability of regularly selected teachers. The petitioner worked as a teacher at Panchayat Samiti Desuri till 20.10.1983. While serving as teacher at Panchayat Samiti Desuri, the petitioner appeared in recruitment process for appointment on the post of school lecturer in Education Department initiated by the Rajasthan Public Service Commission and the petitioner was selected and joined as School Lecturer in the Education Department on 21.10.1983. After attaining the age of superannuation, the petitioner retired from the post of Principal on 31.10.2011 from the Education Department. By this writ petition, the petitioner has claimed that the services rendered by him as teacher in the Panchayat Samiti, Desuri is liable to be counted as qualifying service for the purpose of determining his pension and retiral benefits.
(3.) LEARNED counsel for the petitioner has argued that the case of the petitioner does not fall under Rule 8 of the Rajasthan Civil Service (Pension) Rules 1996 (hereinafter referred to as 'the Rules of 1996') wherein certain claims to pension were declared as inadmissible and, therefore, the services rendered by the petitioner as teacher at Panchayat Samiti, Desuri are liable to be counted as qualifying service for the purpose of determining his pension and retiral benefits.;


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