SMT. MOHANI DEVI W/O LATE SHRI JAIN CHAND BARI Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION LTD. HEAD QUARTER PARIVAHAN MARG, JAIPUR THROUGH CHAIRMAN

JUDGEMENT

(1.) Petitioner has filed present writ petition claiming benefits of her late husband who was appointed on the post of Conductor on 15/03/1979 at Alwar Depot.

(2.) It is submitted that during the course of service, the husband of the petitioner had moved an application for seeking voluntary retirement from service on 28/07/2005 on account of health reasons. The application was, however, not considered and no order was passed on the Voluntary Retirement Application. The petitioner's husband under depression and mental disturbances submitted another application on 03/05/2006 for resignation pointing out his health condition was getting deteriorated. On the basis of the resignation application, his resignation was accepted by the authorities on 31/05/2006 and he was relieved of his duties.

(3.) It is submitted by the petitioner that her husband immediately submitted an application pointing out that he had wrongfully mentioned 'resignation' and actually he wanted retirement in view of his earlier application which he had already moved for Voluntary Retirement. The application was also addressed mentioning that no decision had been taken on his previous application dated 28/07/2005 and he should be treated to have voluntarily retired and he further prayed that his retiral benefits be released.