PREM PRAKASH MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who was originally appointed as Veterinary Surgeon in the Animal Husbandry Department of Government of Rajasthan, Jaipur was sent on deputation to the Rajasthan Cooperative Dairy Federation Ltd. and later on was absorbed in the services of Udaipur Dugdh Uptadak Sahkari Sangh vide Annex.11 dtd.9.3.1993 as Project Officer in the pay scale of Rs.3000 -4500/ - with effect from 1.4.1993. The said respondent ­ RCDF or Udaipur Dugdh Utpadak Sahkari Sangh does not have Pension Scheme, but prior to the termination of lien of the petitioner from the Animal Husbandry Department w.e.f. 1.4.1993, the petitioner claims pension on the basis of his qualifying service rendered in that Department prior to his absorption in Udaipur Dugdh Utpadak Sahkari Sangh.

(2.) THE learned counsel for the petitioner, Mr. Kuldeep Mathur submitted that this controversy is no longer res integra and this Court in the case of Dr. P.D. Purohit V/s State of Rajasthan and ors. - SBCWP No.3767/2010 decided on 23.9.2011 held that on the basis of their qualifying service prior to their termination of lien on the date when they were absorbed in the services of respondent ­ RCDF and Udaipur Dugdh Utpadak Sahkari Sangh, the petitioner would be entitled for the pensionary benefits. He also submitted that State appeal filed against the said order of the learned Single Judge dtd.23.9.2011 came to be dismissed on 10.9.2013 in DBSAW No.225/2012 ­ State of Rajasthan v/s Dr. D.N. Vyas. He, therefore, submitted that the petitioner also being similarly situated is entitled to the same benefit. The relevant portion of the SB and DB judgment is quoted below for ready reference: SB JUDGMENT

(3.) WITH the aforesaid observations, the present writ petition is dismissed as withdrawn. No order as to costs. A copy of this order be sent to the parties concerned forthwith.