(1.) This legal battle was launched at the behest of a compulsorily retired judicial officer for assailing the impugned order dated 31st of March 2010 (An nex.9), and after his unfortunate demise in Uttrakhand Gory Tragedy, is pursued by his legal representatives.
(2.) Scorning the checkered history of the case, the brief facts giving rise to this litigation are that at the threshold of his judicial career, the petitioner was appointed as Munsif & Judicial Magistrate vide order dated 16th of July 1980 under Rule 21 of the Rajasthan Judicial Service Rules 1955 (for brevity, hereinafter referred to as 'the Rules of 1955').
(3.) The petitioner earned another promotion in the Rajasthan High Judicial Services cadre as Additional District & Sessions Judge vide order dated 2nd of June 2000 and after rendering seven years' services in the RHJS cadre, granted Selection Scale vide order dated 13th of June 2007 w.e.f. 1st of March 2006. On 31st of March 2010, the petitioner was compulsorily retired under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules 1996 (for brevity, hereinafter referred to as 'the Rules of 1996'), which order was served on the petitioner on 4th of April 2010. The petitioner has averred in the writ petition that the order of compulsory retirement was accompanied by a Banker's Cheque bearing No.846463 dated 6th of April 2010 for a sum of Rs.2,20,875 i.e. three months' pay and allowances in lieu of notice as postulated under Rule 53(2) of the Rules of 1996.
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