Mahesh Chandra Sharma, J. - (1.) By way of filing the instant petition, the petitioner has sought following reliefs : " (i) by an appropriate writ, order or direction the impugned order dated 27.2.2001 Ex-4 issued by respondent No.1 be kindly declared to be illegal, and unjustified and it may be declared that the petitioner is entitled to get all service benefits and pensionary benefits counting his entire service from 30.4.1970 for the purpose of pension since he was first appointed on the post on 30.4.1970. (ii) that by an appropriate writ, order or direction, it may kindly be declared that Rule 10(2) of the Rules, 1995 are not applicable in petitioner's case as he was appointed on 30.4.1970 and at that time Rajasthan Service Rules were applicable to him and the pensionary Rules, 1952 were applicable. (iii) That all the consequential benefits in favour of the petitioner be also granted.''
(2.) Brief facts of the case according to the petitioner are that the petitioner was initially appointed on the post of LDC on 30.4.1970. Being creation of supervisory post, the petitioner was promoted on 27.9.1975 on substantive i basis. The petitioner stated in the writ petition that he is at the verge of retirement, and requested the respondents to complete his service record. The respondent No.1 issued a letter dated 27.2.2001 that the period in which CPF rules were not in' force that period is not countable towards pension and in this way denied 5 years 11 months benefit of service pension.
(3.) Petitioner being aggrieved with the order dated 27.2.2001 of the respondents, preferred the instant petition before this Court.;