JUDGMENT

Tarlok Singh Chauhan, J. - Whether the services of an employee appointed on contractual basis in temporary capacity can be counted towards qualifying service for the grant of pension after his services have been regularised is moot question that is required to be determined in this petition.

However, before doing so, certain minimal facts need to be noticed.

2. The late husband of the petitioner was appointed as Ayurvedic doctor on contract basis in temporary capacity in the year 1999, however, his services were thereafter regularised in the year 2009 and he shortly thereafter expired on 23.01.2011. The request made by the applicant for release of pension has been turned down by the respondents vide order dated 18.6.2018 on the ground that the services rendered by the husband of the applicant on contract basis cannot be counted for pensionary benefits under CCS (Pension) Rules, 1972 (for short ''Pension Rules'') as the same are applicable only to regular government employees appointed in the pensionable establishments in the Government departments on or before 14.05.2003. The Government employees appointed in non-pensionable establishments are covered under the Contributory