SHARMA, J. - (1.) THE matter has been heard finally with the consent of learned counsel for parties.
(2.) BY this writ petition the petitioner seeks to quash sub-rule (2) of Rule 10 of the Rajasthan Agriculture Produce Marketing Committee (Pension) Rules, 1995 (for short `1995 Rules') and to direct the respondents to calculate the qualifying service of petitioner as 33 years and 6 months instead of 24 years and 11 months and to pay the difference of pension. The contextual facts depict that the petitioner was initially appointed as Senior Clerk on August 1, 1967. Vide order dated October 3, 1967 it was clarified that the, petitioner shall be entitled to the pay scale and other allowances of LDC. After the Rajasthan Agricultural Produce Markets (Market Committee Employee) Service Rules, 1975 came into force the petitioner was confirmed in ministerial cadre w. e. f. April 1, 1974 vide order dated November 30, 1978. The petitioner on attaining the age of superannuation came to be retired on January 31, 2001. CPF contribution was deducted vide order dated October 20, 1978. According to provisions of sub-rule (2) of Rule 10 of 1995 Rules only the period of contribution of CPF was considered as qualifying service and the pension of petitioner was calculated after counting 24 years and 11 months service only as CPF was deducted only for this period. The respondents filed reply to the writ petition and submitted that the service of petitioner has been rightly counted in view of the Rules 7, 8 and 10 (2) of 1995 Rules and prayed for dismissal of writ petition. In exercise of the powers under Section 36 of the Rajasthan Agricultural Produce Markets Act, 1961 (for short `1961 Act') the State of Rajasthan enacted the Rajasthan Agriculture Produce Marketing Committee (Pension) Rules, 1995 (for short `1995 Rules' ). Rule 10. 2 of 1995 Rules provides that while determining the qualifying service for computation of pension only the period where the contribution is made under CPF scheme shall alone be taken into consideration as qualifying service for the purpose of computation of pension. Since CPF scheme came into force with effect from March 1, 1976, the service rendered by the petitioner from August 1, 1967 to February 22, 1976 was completely obliterated for the purpose of computation of pension in terms of the aforequoted Rule 10. 2. Having closely scrutinised 1995 Rules I find that the distinction made by State of Rajasthan under Rule 10. 2 has got no reasonable nexus with the object sought to be achieved. Rule 10. 2 is against the mandate of Rule 179 of Rajasthan Service Rules, which provides as under:- " 179. Conditions of Qualification.-The service of an officer does not qualify for pension unless it conforms to the following three conditions: First- The service must be under Government. Second- The employment may be in substantive/permanent, temporary or officiating capacity. Third- The service may be paid by the Government. "
(3.) IT is evident that even a temporary employee is entitled to get pension pursuant to the aforequoted Rule. Undeniably Rule 10. 2 of 1995 Rules was framed ignoring the provisions contained in Rule 179 of RSR. The artificial distinction created by State of Rajasthan is arbitrary and discriminately and violative Articles 14 and 16 of the Constitution of India. Even otherwise the contribution made towards CPF by the respondent, does not make any distinction for the reason that as per the scheme whatever contribution was made has to be refunded back to the employer after making deduction from the employees contribution. The employer's contribution has to be transferred towards pension fund. For these reasons, I dispose of the writ petition in the following terms:- (i) Sub rule (2) of Rule 10 of 1995 Rules shall stand quashed and set aside being violative of Articles 14 and 16 of the Constitution of India. (ii) The respondents are directed the compute the qualifying service of the petitioner as 33 years and 6 months instead of 24 years and 11 months and difference of pension shall be paid to petitioner within three months from the date of receipt of copy of this order. (iii) No order as to costs. .;