RADHA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Smt. Radha Devi was appointed as Assistant Teacher w. e. f 2. 9. 1957. While she was working as IIIrd Grade Teacher in the Govt. Girls Secondary School, Sardar Shahar (Churu) in the year 1981, she sought her retirement on the ground that she had become permanently incapacitated for the public service in terms of rules 228 & 229 (2) of the Rajasthan Service Rules, 1951 (in short, the R. S. R. ). She was duly examined by the Civil Assistant Surgeon, Sardar Shahar, who issued a certificate of incapacity for service in her favour. Thereupon, the District Education Officer (Female Institution), Bikaner respondent No. 4 by order dated 26. 3. 1981 (Annex. 2) retired the petitioner from service under rules 228 & 229 (2) of the R. S. R. w. e. f. 31. 3. 1981 after-noon and accordingly she was relieved by the concerned Head Mistress. PETITIONER's pension case was transmitted for grant of sanction to the Director of Pension, respondent No. 2. However, respondent No. 2 raised certain objections with regard to the medical certificate issued by the Civil Assistant Surgeon, Government Hospital, Sardar Shahar, and after a long lapse of period of five years and nine months, the petitioner was directed to appear before a Medical Board. On 15. 11. 1986, the Medical Board examined her. The Chief Medical & Health Officer, Ratangarh vide his letter dated 15. 1. 1987 (Annex. 3) informed the Director of Pension that the petitioner was not suffering from any disease and as such, she was not incapacitated in any manner. Thereupon, the Director of Pension by his letter dated 30. 7. 1987 (Annex. 4) returned petitioner's pension papers to the District Education Officer (Female Institution), Bikaner with the remarks that her retirement order dated 26. 3. 1981 was illegal and against rule 228 of the R. S. R. and that she could not be treated to have retired from the Government service. The respondents No. 3 & 4 neither rescinded petitioner's retirement order dated 26. 3. 1981 (Annex. 2), nor issued any order for her posting. Thereupon, the petitioner submitted an application dated 8. 7. 1987 (Annex. 5) to the Dy. Director (Women) Education Department, Churu seeking voluntary retirement under rule 244 (1) of the R. S. R. on the ground that she was neither taken back on duty nor was being paid her pension. The said Dy. Director vide her letter dated 7. 6. 1989 (Annex. 6) sent a factual report to respondent No. 3 (Director of Primary & Secondary Education for Rajasthan, Bikaner) and sought his advice as to whether petitioner be taken back on duty after her retirement on 31. 3. 1981 or orders for petitioner's voluntary retirement under rule 244 (1) of the R. S. R. be issued w. e. f. 31. 3. 1981. The said Dy. Director also sent the pension case along with the service record of the petitioner to respondent No. 3. A copy of Annexure-6 was also sent to the petitioner. Thereupon, the petitioner withdrew her application for voluntary retirement vide her letter dated 22. 6. 1989 (Annex. 7) and prayed that she be taken back in service and paid her arrears of salary. The petitioner by means of this writ petition has, therefore, prayed that the respondents be directed to take her back in service and grant her all consequential benefits by treating her to have remained in service from 1. 4. 1981 or in the alternative to pay arrears of her pension benefits from 1. 4. 1981 with interest at the rate of 18% per annum and to continue to regularly pay her due pension.

(2.) The respondents in their reply have admitted the factual aspects of this case, but pleaded that the petitioner by concealing real facts had sought her retirement on medical ground, which was wrongly accepted by respondent No. 3 , that since the petitioner was to be charge-sheeted, she was directed to withdraw her application for voluntary retirement and that the petitioner has not come with clean hands and as such she is not entitled to get any relief.

(3.) THE up-shot of the above discussion is that this writ petition succeeds and respondents are directed to pay the petitioner her due arrears of invalid pension under rule 228 of the R. S. R. w. e. f. 14. 4. 1981 with interest @ Rs. 12% per annum and to continue to pay such pension to her month by month as per rules. Her arrears should be paid within three months. No order as to costs. .