PHOOL CHAND KUMHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed seeking a direction for the respondents to release the pension of the petitioner along with interest as well as to quash and set aside the communications dtd. 8/10/2021 and 20/10/2021 holding them to be unwarranted.

(2.) The facts in brief are that despite petitioner's retirement from the post of Lecturer (Pate Vetan) in Sanskrit Education w.e.f. 31/10/2020 on attaining the age of superannuation, he has not been paid pension. Vide communications impugned dtd. 8/10/2021 and 20/10/2021, he has been asked to apply for leave for the period from 4/5/2017 to 3/10/2017 to enable him to get the pension.

(3.) Learned counsel for the petitioner submitted that in the year 2017, the petitioner was promoted under the Rajasthan Sanskrit Education State and Subordinate Service (School Branch) Rules, 2015 and was directed to join at the new place of posting with warning that in case of failure to join, selection scale would be suspended and action would be taken under point no.18 under memorandum of Finance dtd. 31/12/2009. He submitted that the aforesaid action was challenged by him by way of S.B. Civil Writ Petition No.6504/2017 wherein, vide interim order dtd. 4/5/2017, status quo was directed to be maintained. Learned counsel submitted that when the petitioner was not allowed to join and no salary for the period from 4/5/2017 to 3/10/2017 was paid to him, he moved an interim application no.37432/2017 whereupon, this Court has, vide its order dtd. 13/9/2017, directed the State-respondents to release monthly salary as per schedule. He, on the strength of aforesaid orders, submitted that he is not required to apply for grant of leave for the period from 4/5/2017 to 3/10/2017 and hence, the respondents may be directed to release his pension with interest without requiring him to seek leave for the aforesaid period.