STATE OF RAJASTHAN Vs. DARBARI LAL

JUDGEMENT

(1.) We have heard learned counsel appearing for the State of Rajasthan, and learned counsel appearing for the respondents.

(2.) D.B. Civil Special Appeal (W) No. 199/2009, arises out of a judgment dated 23.09.2008, passed by learned Single Judge, by which he allowed the writ petition in terms of the judgment, passed by a Single Bench of this Court in P.C. Gandhi vs. State of Rajasthan (S.B. Civil Writ Petition No. 620/1993), decided on 04.05.1999, against which the Special Appeal, filed by the State, was dismissed for want of prosecution.

(3.) It is submitted by learned counsel appearing for the State that there is difference in the facts and applicability of the relevant Rules in the case of P.C. Gandhi vs. State of Rajasthan, in which Shri P.C. Gandhi, serving as a Superintending Engineer on deputation to Bhankhra Beas Management Board (BBMB), attained the age of superannuation on 31.05.1992, and for his fixation of pension, the Rajasthan Service Rules, 1951, were applicable. For the respondents, namely Shri Bhagwan Dutt Gaur (in SAW No. 646/2005), Shri Darbari Lal and Shri Sewa Singh Gulati (in SAW No. 119/2009), who were also on deputation with BBMB, and retired on 31.03.1999, 31.05.1999 and 31.72.1999 respectively, their cases will be covered by the Rajasthan Pension Rules, 1996, which came into effect on 01.10.1996.