JUDGMENT 1. 1. The prayer of the petitioner in the instant writ petition is to grant her family pension with effect from October 31, 1977 and to quash and set aside the letters dated December 21, 1993 (Ex.5) and March 29, 1994 (Ex.6) of the Deputy Registrar Co-operative Society Ajmer whereby the services of the petitioner's late husband Girdhari Lal Acharya were not treated as qualifying for the purpose of pension. 2. Late Girdhari Lal was appointed in the erstwhile Ajmer 'C' Part State as L.D.C. on Feb. 1, 1930 in the office of the Registrar, Co-operative Society Ajmer, His salary was being paid from the Salary Fund. He attained the age of 55 years on May 11, 1956. His services were extended and he was retired on May 11, 1958. At the time of retirement he was drawing basic salary at Rs. 96/- per month in the pay scale of Rs. 55-130. Ajmer Part 'C' State came to be merged in Rajasthan State w.e.f. November 1, 1956. Girdhari Lal died on March 24, 1977. Contention of the petitioner is that her husband late Girdhari Lal should be deemed to be a Government Servant and the services rendered by him be treated as qualifying for the purpose of pension as he was to be absorbed as LDC in the State of Rajasthan on merger of Ajmer 'C' State and he is deemed to have opted the Pension Rules as contained in RSR. As the petitioner had exercised her option, she is entitled for grant of Family Pension w.e.f. October 31, 1977, the date from which the pension was made non-contributory subject to a minimum of Rs. 300/- per month plus dearness relief. According to the petitioner the impugned letters of the Deputy Registrar whereby the services of Girdhari Lal were not treated as qualifying for the purposes of pension deserve to be quashed. 3. The respondents in their return raised two preliminary objections. First with regard to inordinate delay in filing the writ petition and second that late Girdhari Lal was superannuated in the erstwhile Ajmer State and he was never been in the service of the State Government, therefore, was not entitled for pension. 4. The petitioner submitted rejoinder to the reply reiterating the facts averred in the writ petition. First with regard to inordinate delay in filing the writ petition and second that late Girdhari Lal was superannuated in the erstwhile Ajmer State and he was never been in the service of the State Government, therefore, was not entitled for pension. 4. The petitioner submitted rejoinder to the reply reiterating the facts averred in the writ petition. It was specifically averred that in view of State Government's decision dated March 5, 1963 late Girdhari Lal is deemed to have been absorbed in Government service w.e.f. November 1, 1956. 5. I have heard the rival submissions and perused the record. 6. At the outlet it will be appropriate to consider the decision taken by the State Government vide order dated March 5, 1963 which was incorporated as sub-rule (23) in Rule 180 of RSR. it reads as under : "23. In the Co-operative Department of the erstwhile State of Ajmer certain employees were paid their salary out of 'Salary Fund' which was composed of audit and supervision charges levied on co-operative Societies. The employees whose salary was not less than Rs. 20/- per month were required to subscribe to a Contributory Provident Fund. These employees have been absorbed in State service on and after November 1, 1956. The question regarding counting of the period of the service during which they were paid from salary fund has been under consideration of the Government. After careful consideration it has been decided that the service during which an employee contributed towards Contributory Provident Fund may be allowed to count subject to the condition that the employee concerned refunds employer's portion towards his provident fund account plus interest thereon which has been paid to him on absorption in the Govt. Service." 7. Undeniably late Girdhari Lal was drawing salary out of salary fund and his basic salary was Rs. 96/- p.m. Although he had attained the age of 55 years on May 11, 1956 but his services were extended and he was retired on May 11, 1958. 1 have closely scanned the order dated December 18, 1957 of the Assistant Registrar, Co-operative Societies Ajmer (Annexure-R/1) whereby services of Girdhari Lal were extended. 96/- p.m. Although he had attained the age of 55 years on May 11, 1956 but his services were extended and he was retired on May 11, 1958. 1 have closely scanned the order dated December 18, 1957 of the Assistant Registrar, Co-operative Societies Ajmer (Annexure-R/1) whereby services of Girdhari Lal were extended. I am of the opinion that since Girdhari Lal was retired after merger of Ajmer Part 'C' State in Rajasthan State (i.e. November 1, 1956), he is deemed to have been absorbed in the State Service in view of sub-rule (23) of Rule 180 of RSR. It appears that the impugned letters of Deputy Registrar Ex.5 and Ex.6 were issued without taking into consideration sub-Rule (23) of Rule 180 RSR and they deserved to be quashed. 8. In so far as preliminary objection in regard to delay in filing the writ petition is concerned, I do not find any merit in it. In case of Pension, the cause of action is recurring and therefore there is no question of any delay or ]aches as is held by the Division Bench of this Court in Smt. Rukma Vs. State of Rajasthan, ( 2000(2) RLR 862 = 2000(3) WLC (Raj.) 102). 9. In the result the writ petition succeeds and is allowed. The impugned letters dated December 21, 1993 (Ex.5) and March 29, 1994 (Ex.6) stand set aside and the respondents are directed to grant the petitioner Family Pension w.e.f. October 31, 1977 according to the Rules. The arrears of Family Pension shall be paid to the petitioner within three months from the date of receipt of the copy of this judgment and continue to pay the same in future. The amount already paid as Contributory Provident Fund by the respondents shall be adjusted towards her account. There shall be no order as to costs.Petition allowed. *******