BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 23/09/2022 passed by the respondent No.3, whereby the retiral benefits due to the petitioner have been denied on account of the fact that the petitioner has not completed twenty years of qualifying service on the date of his voluntary retirement.

(3.) Briefly, the facts noted in the present case are that the petitioner was appointed as a Driver in the respondent Department on daily wages basis in the year 1995. After having served the Department on daily wages basis for almost three years, the services of the petitioner were regularized in the year 1999. After the grant of permanent status in the respondent Department, the petitioner was granted benefit of next selection scale in the year 2009. The petitioner, after having suffered the ailment of low visibility in his eye and night blindness, made an application for voluntary retirement. The application preferred by the petitioner was rejected on 27/12/2016. The petitioner again submitted an application on 03/03/2017 for voluntary retirement, however that too was rejected vide order dtd. 24/04/2017. Aggrieved against the rejection of the application, the petitioner preferred a S.B. Civil Writ Petition No.6896/2017 before this Court against the orders dtd. 27/12/2016 and 24/04/2017 but same was dismissed as having rendered infructuous vide order dtd. 23/09/2019 in view of the fact that the petitioner was accorded voluntary retirement.