Judgment :-

Anil R. Dave, J.

1. Leave granted.

2. Being aggrieved by the judgment delivered in D.B. Civil Special Appeal (Writ) No. 32 of 2008 in S.B. Civil Writ Petition No. 1738 of 2003 dated 20th January, 2001, by the High Court of Rajasthan, the Rajasthan Agriculture University has filed this appeal.

3. The facts giving rise to the present appeal, in a nutshell, are as under :-

Respondent No. 2 was in employment of the appellant-University. Prior to his employment under the appellant-University, respondent No. 2 had worked with the State of Rajasthan in Veterinary & Animal Husbandry Department. After taking voluntary retirement from his State service, he had joined the erstwhile Mohanlal Sukhadia University, Udaipur. Subsequently, the said university had been bifurcated and the appellant-University was formed. Service of respondent No. 2 had been taken over by the appellant- University.

4. The question which is to be decided is whether respondent No. 2 is entitled to pension as claimed by him or he is eligible to get his retirement benefits under Contributory Provident Funds Scheme (for short “the C.P.F. Scheme”).

5. Upon taking voluntary retirement from the State of Rajasthan, respon