TRIBHUVAN VALLABH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned order dated 29.4.2006 (Annex. 6) and prayed that it may be declared that the petitioner stood voluntarily retired from service with effect from 1.7.1988 or from 16.11.2000 and, accordingly, the respondents may be directed to grant retrial benefits to the petitioner along with interest. According to facts of the case, the petitioner was initially appointed in the respondent Department as Teacher Gr. III on 15.9.1966 and his services were confirmed on the said post with effect from 9.8.1967 vide order dated 25.5.1972. The petitioner uninterruptedly continued in service of the respondents up to 15.4.1988; and, thereafter, due to disease 'paranoidee schizophrenia' the petitioner took leave and discontinued to attend office and submitted an application for sanctioning medical leave because the petitioner was not able to discharge his duties due to ill-health.

(2.) The petitioner further submits that he wrote a letter on 1.7.1988 to the respondents that due to ailment he may be retired from service and service benefits may be granted as he has completed the qualifying service. Again, on 17.8.1988, an application was filed by the petitioner for the same prayed and petitioner has placed on record letter dated 1.7.1988 along with U.P.C. receipt as Annex. 2 and 2A. Contention of the petitioner in the writ petition is that he has not only suffered aforesaid disease but also suffered from residual polio in right lower limb, therefore, he was feeling weakness and difficulty in walking and cycling. As such the petitioner submitted medical bills and treatment slips for the perusal of the Court.

(3.) The case of the petitioner is that he has repeatedly filed applications on 1.12.1992 and, then, on 4.12.1992 under registered AD which he has placed on record as Annex. 6; but, his prayer for voluntary retirement was not accepted by the respondents. Being aggrieved by non-consideration of his demand of acceptance of his voluntary retirement from service, ultimately, the petitioner sent an application under provisions of the Rajasthan Service Rules and prayed that his prayer for voluntary retirement from service with effect from 16.8.2000 may be accepted within a period of three months. Although the said application was sent through registered AD post, but no action was taken with regard to declaring the petitioner voluntarily retired from service either from 1.7.1988 or from the date of application subsequently filed on 16.8.2000.