M P GANDHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner while working as Assistant Director, Agriculture was compulsorily retired from service vide order dated 16. 08. 1991. THE THE above order came to be challenged by the petitioner by way of filing an appeal before the Rajasthan Civil Services Appellate Tribunal. While allowing the appeal, the Tribunal, vide order dated 28. 07. 1994 set aside the order of compulsory retirement. THE respondents submitted a writ petition before this Court challenging the above order of the Tribunal, however, the writ petition was dismissed by this Court vide order dated 27. 01. 1995. A further Special Leave Petition was also dismissed by the Supreme Court vide order dated 17. 07. 1995. THE petitioner could not be reinstated in service since he had already reached the age of superannuation on 31. 01. 1995. In the meanwhile, as per the recommendations of the Departmental Promotion Committee (DPC), the result of which was kept in sealed cover, the petitioner was also promoted to the post of Deputy Director, Agriculture. Consequent to the order of the Tribunal been affirmed upto the Supreme Court, the petitioner was entitled for all consequential benefits including the back wages, pay fixation and also the retirement benefits. Since complete payment has not been made, the petitioner had to approach this Court by way of filing the present writ petition.

(2.) IN reply, it has been submitted that though arrears of back wages and other retirement benefits have been paid to the petitioner, however, the benefit of promotion to the post of Deputy Director could not be given in view of some objections raised by the concerned Treasury Officer. It has been submitted that the objections have been raised to the extent that the petitioner will be entitled for only notional benefits and not the actual arrears.