KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGAINST the order dated December 19, 1977, the appellant, who was petitioner before the learned Single Judge, has filed this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949. The learned Single Judge has dismissed the petitioner appellant's writ petition under Article 226 of the Constitution.

(2.) THE material facts necessary for the disposal of this appeal are these: The petitioner was appointed as a Nakedar on January 22, 1948. His services were ordered to be transferred to the Irrigation Department, where he continued to serve for sometime. He resigned from his post on March 3, 1958. He again applied for appointment and on December 26, 1958, he was appointed as a Patwari in the Revenue Department of the State. The petitioner appellant requested the State Govt. to condone the interruption in the service from March 4, 1958 to December 25, 1958 under Rule 212 of the Rajasthan Service Rules (which will here in after referred to as 'the Rules'). The State Government by its order dated July 3, 1967, ordered for condonation of interruption and an entry in respect of the condonation of break in the service of the petitioner was made in his service book. The petitioner, by order Ex. 4 dated March 16, 1973, passed by the Collector (L.R.), Bikaner, was compulsory retired under Rule 244(2) of the Rules. It was ordered that three months' pay and allowances in view of three months previous notice be paid to him and a bank draft of the amount of Rs. 843.00 in respect of the three months' pay and allowance in lieu of three month's previous notice was enclosed. The petitioner -appellant filed the writ petition on May 29, 1973, praying, inter alia, that the order Anx. 4 dated May 16, 1973 may be quashed and set aside and the respondents (State of Rajasthan and the Collector (L.R.), Bikaner), may be restrained from retiring him in pursuance of the impugned order.

(3.) WE have heard Mr. M.L. Shrimalee for the appellant and Dr. S.S. Bhandawat, Additional Government Advocate.