JUDGMENT : K.K. Trivedi, J. 1. Petitioners, who were Coup Guards working in Work Charged Contingency Establishment of the Forest department, were subsequently regularized but were denied the pension only on account of not completing the requisite years of qualifying service for the purposes of grant of pension after the date of regularization. It was contended that since the petitioners have worked for less than 10 years, they were not entitled to grant of pension. Such a stand taken by the respondents was challenged in the writ petition before this Court on the strength of the decision rendered by this Court in the case of Gopi Pillai v. MPEB, Jabalpur and another, 2002 (2) MPLJ 278 . Refuting the claim made by the petitioners, a return has been filed contending that in terms of the circular dated 29.09.1975, petitioners would not be covered under the Work Charge Contingency establishment and thus would not be entitled to grant of benefit of pension under the Pension Rules made applicable for the Work Charge Contingency Employees. This being so, only on the strength of the aforesaid circular, it was said that the petitioners would not be entitled to grant of any relief in this writ petition. 2. After due consideration, such a submission made by the respondents cannot be accepted. Firstly from day one the petitioners were said to be working on contingency establishment of the Forest department. They were regularized treating them as contingency employees and, therefore, even if the post on which initially the petitioners were appointed was not covered under the circular of the respondents, they could not be denied the benefit of pension only on this ground. How and why the petitioners were appointed on contingency is not explained by the respondents. In view of this, the law laid down by this Court in the case of Gopi Pillai (supra) would be squarely applicable in the case of petitioners and they would be entitled to grant the period of service rendered by them to the extent permissible under the Pension Rules of Work Charge Contingency employees, for the purposes of computation of their pensionary benefit. 3. 3. The writ petition is allowed to the extent aforesaid with a direction to the respondents to count the service period as permissible under the M.P. (Work Charged and Contingency Paid Employees) Pension Rules, 1979, and for the purposes of computation of pension of the petitioners and to pass the appropriate orders and authorizing payment of pension within a period of three months from the date of receipt of certified copy of the order passed today. 4. The writ petition is allowed to the extent indicated herein above. There shall be no order as to costs. Certified copy as per rules. Petition Partly Allowed.