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2005 Supreme(Raj) 444

RAJENDRA PRASAD VYAS
Rajendra Nath Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.N. Upadhaya, Counsel for Petitioner in S.B. Civil Writ Petition No. 1288/2003 S.N. Tiwari, Dy. Govt. Advocate for Respondents I.R. Choudhary, Counsel for Petitioner in S.B. C.Writ Petition No. 1719/2001.

Honble VYAS, J.–A common question is involved in both the aforesaid writ petitions, therefore, they are decided by this common order.

(2). The main question arising for consideration in the Instant petitions is that whether the services rendered by the petitioners from the date of initial appointment from 1964 to 1976 can be treated as qualifying service for the purpose of pension, in view of the Rule 10(2) of the Rajasthan Agriculture Produce Market Service (Pension) Rules, 1995, (hereinafter referred to as to `` Rules, 1995) or from the date of the Contributory Provident Fund.

(3). The factual aspect of the matter is that the petitioner No.1, Rajendra Nath Sharma, was initially appointed as Lower Division Clerk (L.D.C.) on 1.5.64 and was confirmed on this post on 1.7.74 and, thereafter, retired on 31.1.2002 as Assistant Secretary, Mandi Samiti, Bikaner, on attaining the age of superannuation.

(4). Similarly, Petitioner No.2, Tilok Chand Kalra, was initially appointed as Lower Division Clerk (L.D.C.) on 13.11.67 and was confirmed on 1.7.74 and retired on 31.10.2002, on attaining the age of superannuation from the post of Supervisor, Mandi Samiti, Chittorgarh.

(5). Petitioner Ram Prata






















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