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SBCWP No.5410/2010

Rukman Singh Vs. State of Rajasthan & Ors.

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S.B. Civil Writ Petition No.5410/2010

Rukman Singh

vs

State of Rajasthan & Ors.

DATE OF ORDER: 17^th November 2011

HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr. I.R. Choudhary, for the petitioner.

Mr. D.S. Rathore, Government Counsel for the respondents.

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The learned counsel for the parties are ad idem that the issue

involved in this writ petition stands squarely covered by the decision

of this Court in SBCWP No.1547/2009 : Ramkaran Choudhary Vs.

State of Rajasthan & Ors. decided on 16.12.2010; and that the said

decision has since been affirmed by the Division Bench of this Court

when the intra-court appeal (SAW No.106/2011) came to be

dismissed on 04.03.2011.

In Ramkaran Choudhary's case (supra), this Court has

observed and directed as under:

This Court in the case of Adhik Lal Chaudhary vs. State of

Rajasthan and others (SBCWP No.3552/2001, decided on July

06, 2004) held that Rule 10.2 of the Rules of 1995 was framed

ignoring the provisions contained in Rule 179 of the Rajasthan

Service Rules, 1951, that provides for grant of pension even to

temporary employees, and thus the sub-Rule (2) of