PARAS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned order dated 11.11.2004, Annex. P/12 and consequential order dated 26.11.2004, Annex. P/13 and relief is further sought for direction to the respondents to calculate the service period of the petitioner with effect from 30.7.1980 to 18.8.1985 for the purpose of qualifying service for pensionary benefits and to issue revised P.P.O. While sanctioning extraordinary leave on medical ground instead of extraordinary leave without pay. As per facts of the case, in the disciplinary proceedings initiated against the petitioner a penalty of stoppage of 3 grade increments with cumulative effect was inflicted and further it was ordered that the period in which the petitioner remained absent from duty shall not be counted for the purpose of pension. The order of aforesaid penalty was challenged by way of filing writ petition before this Court and co-ordinate Bench of this Court vide judgment dated 20.4.1998, Annex. 2 quashed the said penalty order and held the petitioner entitled for all consequential benefits. The judgment dated 20.4.1998, Annex. 2 was passed in S.B. Civil Writ Petition No. 306/1992 which was further challenged by way of filing appeal before the Division Bench being D.B. Special Appeal (Writ) No. 629/1998, in which, the Division Bench of this Court passed an order on 13.11.2000 whereby the appeal filed by the respondents was rejected.

(2.) Thereafter, the petitioner filed so many representations for grant of all service benefits because he was superannuated from service but the benefits were not granted and, at last, vide order dated 14.11.2004 the Secretary, Cooperative Department an order whereby the petitioner was granted extraordinary leave for the period from 23.7.1980 to 18.8.1985. According to the petitioner, the said order has the effect of excluding the aforesaid period from calculating the qualifying service for the purpose of pensionary benefit. Vide Annex. 13 the Deputy Registrar (Admn.), Co-operative Societies Department issued the compliance order and directed the respondents to finalise the pension case of the petitioner. The petitioner is assailing the validity of both the orders Annex. 12 dated 11.11.2004 and Order Annex. 13 dated 16.11.2004 on the ground that both these orders are in violation of the order passed by the co-ordinate Bench of this Court on 20.4.1998 in the earlier writ petition filed by him.

(3.) Further, it is argued by learned counsel for the petitioner that if these orders will remain in existence, then, the petitioner will not get benefit of five years of service and with the intention to deprive the petitioner from the fruits of calculating the said period for pension purpose the respondents have passed the impugned orders. Learned counsel for the petitioner while inviting attention towards judgment dated 20.8.1998 passed by the co-ordinate Bench submits that while allowing the petitioners earlier writ petition certain observations were made by the co-ordinate Bench of this Court that the petitioner has sufficiently undergone harassment and torture by way of departmental inquiry, therefore, the request for passing fresh order in the inquiry is also rejected; meaning thereby, the co-ordinate Bench of this Court was of the opinion that the petitioner was harassed and tortured by the respondents and above assertion made by the co-ordinate Bench was affirmed by the Division Bench, therefore, both the impugned orders deserve to be quashed.