BALIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal is directed against the order of learned Single Judge dated 30. 1. 2004 dismissing the writ petition filed the appellant laying claim to count the services, rendered by him from 15. 7. 1956 to 17. 1. 1965 under the Municipal Board, Nagaur before he was transferred to the office of the Sub-Divisional Officer, Parbatsar; as qualifying service for the purpose of determining his pension and his retiral benefits. The petitioner-appellant retired from the services of the State Government on 30. 9. 1988 and he became entitled to pension w. e. f. 1. 10. 1988. According to the learned counsel for the appellant, petitioner-appellant has been paid salary by computing his qualifying service with effect from the date he joined as LDC in the office of Sub-Divisional Officer, Parbatsar. Prior to his transfer under the Sub-Divisional Officer, Parbatsar vide order dated 14. 1. 1965 (Annex. 3), the petitioner was serving as LDC with the Municipal Board, Nagaur. The petitioner has laid claim to computation of his past services rendered with Municipal Board, Nagaur as qualifying service for the purpose of determination of his pension and other retiral benefits including the period during which he has served with the Municipal Board soon before he retired. The petitioner having not received any relief, approached this Hon'ble court by way of filing S. B. Civil Writ Petition No. 1625/1991, which was disposed of by this Court on 15. 7. 1991 by directing the respondents to consider the representation made by the petitioner. The representation filed by the petitioner was rejected on 28. 11. 1994 informing the petitioner that the period during which he has served under the Municipal Board cannot be counted as qualifying service under Rajasthan Service Rules, 1951. The issuance of order dated 14. 1. 1965 (Annex. 3) is not in dispute and has a relevant bearing to the controversy, which reads as under: Office of the Collector, Nagaur No. Estt/ dated Order Shri Rameshwar Lal Bohra, LDC in the Municipal Board, Parbatsar is hereby transferred in the District Administration and posted in the office of SDO, Parbatsar against he vacancy caused due to the promotion of Shri Bhim Raj LDC. The seniority of Shri Rameshwar Lal however will be counted from the date he joints the District Administration. Sd/- H. M. Mathur Collector, Nagaur. Dated 14. 1. 1965 No. Estt/205 Copy forwarded to: 1. The Sub-Divisional Officer, Parbatsar for information. This is with reference to his end No. Estt/ng/lex/65 dated 7. 1. 1965 2. The Chairman, Municipal board, Parbatsar. He will please relieve Shri Rameshwar Lal Bohra, LDC of the office and direct him to report himself for duty to the office of SDO, Parbatsar immediately. 3. Shri Rameshwar Lal bohra, LDC, Municipal Board, Parbatsar. 4. Personal file. Sd/-"
(3.) THE respondent's contention in reply is that since, the petitioner was to be assigned seniority with effect from the date he joined in pursuance of order dated 14. 1. 1965, as such he was not entitled to benefit of seniority prior to the date of his joining. THE period prior to the joining was not liable to be counted. THE respondents further urged that it was not a case of appointment by transfer but it was a case of fresh appointment. THE other contentions raised by the respondents in their reply was that since the petitioner was not governed by Rajasthan Service Rules and his services under the Municipal Board was not a State service under RSR, the service rendered at the Municipal Board, Nagaur was not included in counting qualifying service in terms of Rule 179 which was in force at the time of petitioner retired. We may notice here that chapter about Pension Rules from RSR has since been deleted and new pension rules have been framed in 1996. The learned Single Judge was of the opinion that since pension scheme for the Municipal employee started after framing of the Pension Rules in 1989, as such the petitioner cannot claim pension for the tenure he served in the Municipal Board. Since, the service which was rendered by the petitioner under the Municipality was not pensionable, and the petitioner was a member CPF or PF, the services rendered by him cannot be included in qualifying service even after framing of the Pension Rules, 1989. ;