SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this writ petition while praying the following reliefs: -

(2.) REPLY to the writ petition has been filed on behalf of the respondents wherein it has been contended that the petitioner had applied for voluntary retirement from 31.1.2000 vide his application dt. 30.10.1999 and as per the provisions of Rule 50 the Rajasthan Civil Service (Pension) Rules, 1996, (hereinafter referred to as the 'Rules of 1996') the retirement of the petitioner from the services of respondents became automatically effective from the date specified in the said application. It is also stated in the reply that in the order dt. 31.01.2002 passed by the Secondary Education, Bikaner, the date of retirement of the petitioner was inadvertently mentioned as 31.08.2002 because the petitioner automatically retired on 31.01.2000, the date given in the application for voluntary retirement. It is also averred in the reply that the petitioner himself has informed the respondents vide letter dt. 23.02.2000 that he has been relieved from the Government service and, therefore, his pension case should be finalized. It is further averred in the reply that the petitioner illegally marked signatures of him in attendance register, for which a criminal case was also registered against him.

(3.) LEARNED counsel for the petitioner has also placed reliance upon the judgments passed by this Court in S.B. Civil Writ Petition No. 2843/2000 (Achala Ram vs. State of Rajasthan & Ors.) decided on 26.4.2001.