RAMESHWAR LAL BEHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the order of learned Single Judge dated 30. 1. 2004 dismissing the writ petition filed the appellant laying claim to count the services, rendered by him from 15. 7. 1956 to 17. 1. 1965 under the Municipal Board, Nagaur before he was transferred to the office of the Sub-Divisional Officer, Parbatsar; as qualifying service for the purpose of determining his pension and his retiral benefits.

(3.) THE respondent's contention in reply is that since, the petitioner was to be assigned seniority with effect from the date he joined in pursuance of order dated 14. 1. 1965, as such he was not entitled to benefit of seniority prior to the date of his joining. THE period prior to the joining was not liable to be counted. THE respondents further urged that it was not a case of appointment by transfer but it was a case of fresh appointment. THE other contentions raised by the respondents in their reply was that since the petitioner was not governed by Rajasthan Service Rules and his services under the Municipal Board was not a State service under RSR, the service rendered at the Municipal Board, Nagaur was not included in counting qualifying service in terms of Rule 179 which was in force at the time of petitioner retired.