JAGDISH NARAIN PANDEY SON OF SHRI SHANKAR SAHAI SHARMA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner with following prayers:-

(2.) The facts noticed are that in the year 1973 the petitioner was appointed as Enforcement Inspector in Food and Civil Supplies Department of the Government of Rajasthan and thereafter was promoted to the post of Enforcement officer in August, 1998. While the petitioner was working on the post of Enforcement Officer under the District Supplying Officer, Dausa, the Secretary, Food and Civil Supplies Department, while exercising powers conferred on him under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996 (for short, 'Rules of 1996'), compulsorily retired the petitioner from service vide order dated 02/08/2000. The petitioner challenged the order of compulsory retirement dated 02/08/2000 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, 'Tribunal') in Appeal No. 2235/2000, however, the Tribunal, vide its judgment dated 16/08/2001 dismissed the appeal and upheld the order of compulsory retirement of the case. The respondents, vide order dated 08/07/2004 revoked the order of compulsory retirement passed under Rule 53(1) of the Rules, 1996 after considering the representations in light of the memorandum of Finance Department bearing reference No. F.15(3)FD/Niyam/99 dated 03/12/2002 on the recommendations of the High Power Committee constituted for the purpose after examining the service record in depth. However, the order contained a condition that the period from compulsory retirement till the time when the services of the petitioner were to be restored shall be treated as dies non and the principle of no work no pay shall be applied. The order also imposed a condition that all the retiral benefits shall be redeposited by the employee concerned within a period of one month from restoration of service.

(3.) It is pertinent to note that these conditions are under challenge by the petitioner.