N.N. Mathur, J. - (1.) The petitioner a retired Member of the Rajasthan Higher Judicial Services by way of a petition under Article 226 of the Constitution of India seeks direction to the respondent State of Rajasthan to re-calculate the pension taking into consideration his services rendered as Laboratory Assistant with the JNV University, Jodhpur for the period 19.7.1963 to 31.5. - 3.
(2.) As per the averments made in the writ petition, the petitioner entered in the services of the JNV University, Jodhpur in the year 1963 as Laboratory Assistant for the period 19.7.1963 to 31.5. - 3. Subsequently he was selected for the post of Prosecuting Sub Inspector in the year - 3. He became member of the Rajasthan Judicial Services on 2.0.1. - 9. Having been selected in the Rajasthan Judicial Service in due course of time he was promoted from time to time (sic). He retired as Additional District Judge on 31st July, 2003. For the purpose of getting his pension case prepared he made a request to the High Court to take into consideration the period for which he served as Laboratory Assistant. After careful consideration of the entire material the Hon'ble Chief Justice directed the Registrar General to recommend his case to the State Government to account his services rendered by him as Laboratory Assistant during period 19.7.1963 to 31.5. - 3. A letter of the Registrar General dated 21st February, 2003 addressed to the State Government is placed on record as Annexure 1. The State under communication dated 27th May, 2003 has informed the Registrar General that the period sought to be included cannot be accepted as there has not been any reciprocal arrangement with the JNV University, Jodhpur.
(3.) In the counter the State Government has taken a different stand. It is averred that at the relevant time there was no pension scheme with the University. As such the subject period cannot be taken into consideration for calculation of the pension. It is further averred that the pension scheme was introduced in the University w.e.f. 1.1.1990. Further Rules 12, 13 and 14 of the Rajasthan Civil Services (Pension) Rules, 1996 are not applicable to the case of the employees of the autonomous bodies joining Government Services. It is lastly submitted that the petitioner having opted for contributory fund cannot be permitted to now switch over or to take somersault and claim pension. As regards the letter of the Registrar General the stand of the respondent State is that the case of the petitioner has simply been forwarded. There is no recommendation of the Hon'ble Chief Justice.;