We may note that learned counsel for the petitioner in view
of the long pendency of the lis and without prejudice to rights and
contentions of the petitioner had even proposed that if admissible
pension was given, he would persuade the petitioner and his family to
put an end to the dispute. This fact was recorded in our order dated
12.02.2014. On the next date on 03.03.2014, we were informed by
learned counsel for the petitioner that there was really no improvement
in the medical condition of the petitioner. However, on instructions,
learned counsel for the respondents stated that the petitioner cannot be
granted any pension as out of the total period of more than 10 years of
service, which would make the petitioner admissible to pension, there
is a non-qualified service of 02 years, 10 months and 19 days.
Strangely, this non-qualified service pertains to the period when the
petitioner was suffering from schizophrenia and, thus, could have been
easily waived away. Learned counsel for the petitioner even prayed for
this non-qualified service to be counted in view of the judgements of
the Rajasthan High Court as well as of this Court in Paras Ram Vs
State of Rajasthan and others 2012(8) SLR 35 and Union of India
Vs Smt. Shakuntala Devi and others 2009(8) SLR 698 respectively.
S.B. CIVIL MISC. WRIT PETITION NO.7158/2008
(Paras Ram Vs. State of Raj. & Ors.)
Date of order :: 16.9.2008
P R E S E N T
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.V.K. Malviya, for the petitioner.