DEEN DAYAL KHUNTETA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was a member of Rajasthan Judicial Service. He was compulsorily retired from service under Rule 244 (2) of the Rajasthan Service Rules, 1951 (in short the Rules) with effect from 2. 8. 1985. He had four months unutilised privilege leave at his credit.

(2.) AFTER his retirement, he made a request to the High Court through its Registrar for grant of cash equivalent to leave salary in respect for unutilised privilege leave. The Registrar vide his letter No. Estt. B-2/iv/13/77/b-7655, dated 5. 10. 1985 informed him that since the order of retirement was passed under Rule 244 (2) of the Rules, he was not entitled to get any amount in respect of the unutilised Privilege Leave as per Rule 91 (B) (1) of the Rules.

(3.) IN view of the provisions of Rule 244 (2), the right is exercised by the Appointing Authority against a government servant whose efficiency is impaired but against him it is not desirable to make formal charges of inefficiency or who has ceased to be fully efficient. The provisions of this Rule are used only in the case of Government servant who is considered unfit for retention and has become a dead wood.