BABULAL VAISHNAVA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) THE petitioner, who was superannuated from the post of Additional District and Sessions Judge on 31.01.2010, has filed this writ petition while praying following reliefs: - -

(2.) THE facts which are not in dispute are that initially the petitioner was appointed as APP Grade -II on 11.05.1981 and while in service, he appeared in Rajasthan Judicial Service Examination and on being selected as a Member of Rajasthan Judicial Service, he was relieved from the post of APP Grade -II on 05.08.1989. The petitioner joined as a Member of Rajasthan Judicial Service on 07.08.1989 and was retired from the post of Additional District and Sessions Judge on 31.01.2010. The pension case of the petitioner was dealt with by the Pension Department, however, an objection was raised to the effect that there was a break of one day in the service of the petitioner between joining from the post of APP Grade -II to the post of Member of Rajasthan Judicial Service. The Registrar General of Rajasthan High Court wrote a letter dt. 12.08.2010 to the Law Secretary, Government of Rajasthan with request to condone the break of one day in service of the petitioner. The respondent No. 1 vide order dt. 23.12.2010 has condoned one day's break in service of the petitioner and thereafter the retiral benefits were released to the petitioner on 23.03.2011.

(3.) IN the present case, we find that there was a break of one day in the service of the petitioner and the same was condoned by the respondent No. 2 on 23.12.2010 in pursuant to a request made by the Registrar General of the High Court on 12.08.2010 and retiral dues were granted to the petitioner on 23.03.2011. It is not the case of the petitioner that during his service period, he had ever attempted for condonation of break of one day in his service and the same has not been done by the Administrative Department.