MOHAMMAD RAFIQ, J. - (1.) THIS writ petition has been filed at the instance of Dinesh Chand Sharma, who retired on 28.2.97 from the services of the respondents as Senior Deputy District Education Officer. Petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short -The Tribunal) inter alia on the premise that period of his services rendered from 28.8.1963 to 30.6.1964 has wrongly been ignored as qualifying service for the purpose of grant of pension and instead the respondents are proceeded to finalise the pension case treating his services from 1.7.1964 to 28.2.1997, this ignored the period of 10 months and 4 days. The petitioner also additionally claimed that he was promoted to the post of Sr. Deputy District Education Officer and joined as such in the Directorate of Secondary Education, Bikaner on 28.2.1997. He was according to Rule 26A of the Rajasthan Services Rules (for short the RSR) entitled to benefit of additional increment to the lower as well as higher pay scale and accordingly his pay fixation ought to have been made in terms of Rule 26A supra at the stage notionally arrived at by increasing the actual pay drawn in the lower case by one increment at the stage such scale is drawn.
(2.) SHRI N.K. Maloo, learned Counsel for the petitioner has argued that the Tribunal wrongly rejected both the arguments and it was not justified in holding that according to Rule 12(b) of the Rajasthan Civil Services Pension Rules, 1996, qualifying period of service would be commenced from the date of substantive appointment and the period of temporary/officiating appointment was not liable to be included in such period. The Tribunal wrongly held that since the petitioner was appointed as substitute on a post for which the lien was held by some other employee, the period of service rendered by him against such post would no be liable to be counted as qualifying service for grant of pension. Learned Counsel argued that the salary of the petitioner in the post of promotion i.e. Sr. Dy. District Education Officer in the scale of Rs. 8000 -13500 was wrongly fixed at Rs. 10,200/ -, in that only one increment in the lower post from which the petitioner was appointed was given, whereas increment at both the stages i.e. in the lower post as well as in the higher post according to Rule 26A 6f the Rules was required to be given. According to him, an increment of Rs. 100 was admissible in both the pay scales and, therefore; instead of fixing his pay at the stage of Rs. 10,200/ -, he ought to have been fixed at Rs. 10,300/ - and accordingly the amount of pension, gratuity and other retiral dues should have been calculated. Referring to Rule 12 and 13 of the Rules of 1996, learned Counsel for the petitioner argued that the period of temporary service even on the post against which lien is held by another employee, cannot be, on true construction of Clause (b) of Rule 12 and Sub -rule (2) of Rule 13, be excluded from qualifying service for grant of pension. Learned Counsel also referred to the definition of 'officiating' and Rule 26A of the RSR Rules in support of his contentions. Shri S.L. Meena, Learned Deputy Government Counsel opposed the writ petition and submitted that the Tribunal has correctly decided the matter by holding that when the petitioner was working as substitute on a post against which the lien was held by another employee, such period of service rendered by him against such post would not be included in the qualifying service for grant of pension. Learned Deputy Government Counsel submitted that Rule 12(b) of the Rules of 1996 has been correctly interpreted by the Tribunal. He also submitted that the respondents have already by their order dated 31.10.2001 revised the pay of the petitioner by granting him benefit of Rule 26A of the RSR. He, therefore, submitted that the matter does not require any interference by this Court.
(3.) THE Tribunal has proceeded to dismiss the appeal preferred by the petitioner on the premise that the period of service rendered by him as substitute on temporary basis cannot be treated as part of the qualifying service for pension. Guiding principles for computing qualifying service are contained in Rule 12 and 13 of the Rules of 1996, which for the facility of reference are reproduced hereunder: 12. Commencement of qualifying service (a) Except for compensation gratuity, a Government servant's service does not qualify till he has completed eighteen years of age. (b) Subject to the provisions of these rules, the qualifying service of a Government servant shall commence from the date he takes over charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity. 13. Conditions subject to which service qualifies. (1) The service of a Government servant shall not qualify unless he is appointed and his duties and pay are regulated by the Government, or under conditions determined by the Government. (2) For the purposes of Sub -rule (1), the expression 'service' means service under the Government and paid by that Government from the Consolidated Fund but does not include service in a non -pensionable establishment, work -charged established and service in a post paid from contingencies, unless such service is treated as qualifying service by that Government. The fact that arrangement are made for the recovery on the part of Government, of the whole, or part, of the cost of an establishment, or officer, does not affect, the operation of this principle, provided that the establishment or officer is appointed, controlled and paid by the Government. Service paid from Local Funds, Trust Funds, Fees and Commissions etc. does not qualify. (3) In the case of a Government servant belonging to Central Government or any other State Government with whom the Rajasthan Government has entered into reciprocal arrangements, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the Central Government or that State Government in substantive, officiating or temporary capacity, shall qualify: Provided that nothing contained in this sub -rule shall apply to any such Government servant who is appointed otherwise than by deputation to a service or post to which these rules apply. ;