STATE OF RAJASTHAN Vs. SHRI R P AGARWAL

JUDGEMENT

(1.) THE State of Rajasthan has come in appeal against the decision of the learned Single Judge dated 29. 5. 97 allowing the writ petition of respondent No. 1 R. P. Agrawal with a direction to the appellant and respondents Nos. 2 and 3 herein to treat him as having voluntarily retired with effect from 30. 9. 94 and to grant/sanction all consequential retiral benefits to him.

(2.) BRIEF facts of the case so far as relevant to dispose of this appeal are that respondent No. 1 who was holding the post of Technical Advisor in the State Enterprises Department of the State Government, sought voluntary retirement with effect from 30. 9. 1994 by giving notice to that effect on 2. 6. 94. He was informed vide letters dated 20. 6. 94 and 6. 7. 94 that his request was under consideration but no decision in the matter was communicated. On 30. 9. 94 he relinquished the charge of the post. Later, on 25. 3. 95 he was served with a charge-sheet in respect of a departmental proceeding under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short `cca Rules' ). Two more charge-sheets were issued respectively on 26. 4. 96 and 15. 11. 96. As the retiral dues were not being finalised, presumably on account of initiation of the departmental proceedings, the respondent approached this Court seeking direction to respondent Nos. 2 and 3 to pay him retiral benefits.

(3.) THE point is not res-integra which would be evidence from the following decisions.