DR. PURSHOTTAM NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the prayer to issue a direction to grant him benefit of Pension including GPF and Leave Encashment on the basis of services rendered by him to the government from the date of his initial appointment as Lecturer.

(2.) Factual matrix of the case is that petitioner was appointed as Lecturer in the government college after due selection through Rajasthan Public Service Commission on 13/7/1966. He continued to serve the government till end of the year 1981 when he was posted as Director Rajasthan Hindi Granth Academy vide order dated 20/12/1981 at the time when he was working on the post of Principal, Shri Pareek College Jaipur. In that order, appointment of the petitioner was described as one on probation for a period of two years and it was noted that his appointment was made on the basis of recommendation of the selection committee and with the approval of the State Government but then his services were terminated vide order dated 8/1/1985. Joint Director College Education Rajasthan Jaipur then passed an order on 28/11/2005 informing the petitioner that since his period of deputation came to an end on 8/1/1985 with discontinuation of his service from the post of Director, he should join back with his parent department. He has neither sent any information nor joined the services in the Directorate and, therefore, he was willfully absenting from duties. It was stated that in case petitioner fail to report within 10 days, appropriate disciplinary action shall be taken against him. Petitioner filed writ petition being SBCWP No.100/1985 challenging the order of removal as Director, supra. However, in the meantime, government passed an order on 20/1/1990 allowing petitioner to continue to discharge the duties of the post of Director withdrawing its earlier order dated 8/1/1985. It was thereafter that vide order dated 25/1/1990 passed by President of the Rajasthan Hindi Granth Academy, petitioner was confirmed on the post of Director Rajasthan Hindi Granth Academy w.e.f. 1/1/1984, on completion of period of two years from the date of initial appointment.

(3.) Apprehending that he might again be removed, petitioner filed another writ petition being SBCWP No. 1185/1990 sometime in the year 1990 which writ petition was dismissed on 7/3/1991 being premature. Petitioner filed special appeal against the said judgment however, the Division Bench while upholding judgment of the learned Single Judge, additionally held that Rajasthan Hindi Granth Academy not being a State within the meaning of Article 12 of the Constitution, writ petition otherwise would not be maintainable. Petitioner thereupon approached the Supreme Court by fling Special Leave to Petition. Supreme Court dismissed the SLP but kept the issue as to whether Rajasthan Hindi Granth Academy is State within the meaning of Article 12 or not, open. Government thereafter passed another order on 31/3/1992 cancelling its earlier order dated 25/1/1990 w.e.f. 8/1/1985. Petitioner filed writ petition against this order being SBCWP No.3489/1992 which was dismissed by the co-ordinate Bench of this Court vide judgment dated 28/3/2006. Petitioner filed special appeal against this judgment, which is presently pending. In the meantime, petitioner attained the age of superannuation on 28/8/1999. It is against the backdrop of these facts that the present writ petition has been filed with the aforesaid prayer.