Gopal Krishan Vyas, J. - (1.) THE instant special appeal has been filed against the order dated 11.11.2013 passed by learned Single Judge in SB Civil Writ Petition No. 5549/2012 whereby the learned Single Judge dismissed the writ petition filed by the petitioner in which a prayer was made for calculating the services rendered by the petitioner appellant in Panchayat Samiti Desuri as qualifying service for pensionary benefits and to re -compute his retiral benefits including pension.
(2.) LEARNED counsel for the appellant vehemently argued that the petitioner appellant was initially appointed as Teacher vide order dated 17.11.1981 issued by the Vikas Adhikari, Panchayat Samiti Desuri and the said order for appointment was purely on temporary basis till regularly selected teachers are made available. The petitioner worked as Teacher on temporary basis till 20.10.1983 and while serving as Teacher in the Panchayat Samiti, Desuri, the petitioner appellant participated in the recruitment process for appointment for the post of School Lecturer in the Education Department initiated by the Raj. Public Service Commission, he was selected as School Lecturer and appointed in the Education Department on 21.10.1983. The petitioner appellant was superannuated from service while working as Principal on 31.10.2011 from the Education Department but at the time of finalizing his pension case and retiral benefits, the respondents did not count the period for which the petitioner appellant worked as Teacher on temporary basis under the Panchayat Samiti, Desuri. As per counsel for the appellant, there is specific provision in the Rajasthan Civil Services (Pension) Rules, 1996 (for short, the Rules of 1996) to calculate the service period of an employee irrespective of the appointment either substantively or in an officiating for temporary capacity under Rule 12 of the Rules of 1996 but the learned Single Judge dismissed the writ petition erroneously on the ground that the appointment of the petitioner appellant in the Panchayat Samiti Desuri from 17.11.1981 to 20.10.1983 was purely on temporary basis till availability of the regularly selected teachers, therefore, the said appointment is covered under Rule 8 of the Rules of 1996, whereas Rule 8 of the Rules of 1996 will not apply in this case because qualifying service is to be calculated as per Chapter -II of the rules of 1996 in which there is specific provision under Rule 12 of the Rules of 1996 in which the provision for commencement of qualifying period is provided. On the basis of above grounds, it is submitted that the judgment rendered by learned single Judge may be quashed and the respondents may kindly be directed to calculate the service period of the petitioner as qualifying service in which he worked as Teacher on temporary basis from 17.11.1981 to 20.10.1983. It is also submitted that in such period, the petitioner was allowed the pay -scale of Rs. 355 -570/ - by the Panchayat Samiti, Desuri and PF was also deducted from the salary of the petitioner appellant.
(3.) LEARNED counsel for the appellant invited our attention towards the judgment of this Court rendered by learned Single Judge of this Court in case of Guman Singh Vs. State of Raj. & Ors., reported in : 1998 (2) RLW p. 1067, which is completely ignored by learned Single Judge, therefore, submits that the order impugned dated 11.11.2013 passed by learned Single Judge may be quashed and the respondents may kindly be directed to calculate the period of service from 17.11.1981 to 20.10.1983 as qualifying service for pension and retiral benefits and revise the retiral benefits and pension accordingly.;