FATEH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for direction to the respondents to declare that the petitioner is entitled to get the amount of all the retiral benefits of pension, gratuity, commutation, State ibsurance and G. P. F. Etc. for the entire period of service from 02. 02. 1970 to 30. 11. 2004 without any deduction and objection, calculated immediately on his retirement on 30. 11. 2004 on the basis of the last pay drawn. It is further prayed that the respondents may be directed to pay withheld amount towards gratuity and the amount of commutation etc. with arrears arising out of retiral benefits and interest @ 12% on the benefits from the date they became payable till the date of actual payment.

(2.) BRIEF facts of the case are that initially the petitioner was appointed on 02. 02. 1970 as Police Constable in the R. A. C. , 6th Battalion. Later on, after adjudging the suitability of the petitioner for the post of Constable Driver, he was selected and given posting on the post of Constable Driver. While the petitioner was working in the R. A. C. 3rd Battalion as Constable Driver, he was transferred to Rajasthan State Motor Garage, Jaipur as Driver on 09. 09. 1989 by the Director General, Rajasthan Police, Jaipur and was posted under the control of Superintendent of Motor Garage, Jodhpur where he was confirmed as Driver by the Controller, Rajasthan State Motor Garage, Jaipur on 19. 11. 1999. The petitioner took voluntary retirement with effect from 30. 11. 2004 while working on the post of Driver.

(3.) IT is further stated vide para 8 of the reply filed by respondents No. 1 to 3 that the Joint Director, Pension vide letter dated 04. 05. 2005 asked the Administrative Department to seek instructions from the Finance Department, on which vide letter dated 09. 05. 2005, the pension case of the petitioner was sent to the Controller, Rajasthan State Motor Garage, Jaipur for necessary action. Thereafter vide letter dated 29. 04. 2006 the necessary remarks were sent to the Pension Department. The Joint Director, Pension Department vide letter dated 05. 08. 2006 sent back the pension case of the petitioner for financial sanction and now the financial sanction is being sought. Thereby meaning that the State Motor Garage Department, from where the petitioner voluntarily retired from service, sent the pension case of the petitioner to the Pension Department but the same was pending due to objections raised by the Pension Department.