Arun Mishra, J.

1. Common question involved in all these writ petitions is whether under Rule 42 of M. P. Civil Services (Pension) Rules, 1976 (for short "the Rules of 1976") period spent by an employee in the work charged establishment can be counted as qualifying service.

2. Petitioners were initially taken in the service in M.P.E.B. in the work-charged establishment. They had rendered less than 10 years service in the work-charged establishment; they were absorbed in the regular establishment. However, there was no break in their service; that continued uninterruptedly pursuant to their absorption in the regular establishment.

3. Respondent M.P.E.B. decided not to count the period spent by the petitioners in the work-charged establishment as qualifying service under Rule 42 of the Rules of 1976 on the ground that Rules of 1976 are not applicable to work- charged establishment and as per Rule 12 qualifying service is only the one which is rendered by an incumbent in a substantive post either on permanent, probation or temporary basis and as per M. P. Electricity Board, the M. P. (Work-charged and Contingency Paid Employees) Pension Rules, 1979 (for short "the Rules of 1979") ar