STATE Vs. MADHUSUDAN SHARMA

JUDGEMENT

(1.) THIS writ petition has been filed against the order passed by Rajasthan Civil Services Appellate Tribunal on 01. 05. 2000. The Appellate Tribunal had allowed the appeal preferred by Shri Madhusudan Sharma and directed the State Government to pay retiral benefits by treating him a government servant for that purpose.

(2.) AFTER retirement, Madhusudan Sharma, deceased, had made a request to the parent department for pension and when he did not get the same, he filed a writ petition before the High Court in the year 1997. The High Court vide its order dated 06. 12. 99 passed the order for transferring the writ petition to the Civil Services Appellate Tribunal. The order passed by the High Court was "petition is also transmitted to the Tribunal for adjudication only on merits without considering the question of limitation. " AFTER the writ petition having been transferred to the Appellate Tribunal at Jaipur the same was registered as appeal no. H-523/99. Subsequently, the said appeal was transferred to the tribunal at Jaipur and the same came to be registered as no. 452/2000.

(3.) ON the other hand, the learned counsel for the employee Madhusudan Sharma had submitted, relying upon relevant rules of the Rajasthan Service Rules, that the lien was never terminated from the State Government and it is the State Government alone from whom the employee is entitled to receive his retiral benefits. Learned counsel for the employee respondent also invited the attention of this Court to the pleadings of the petitioner and submitted that inconsistent/contradictory stands have been taken by the petitioner-government in respect of the status of employment during service and at the time of retirement. Further, the learned counsel for the employee respondent has submitted, after referring to the documents on record, that the State Government itself had been corresponding with Rajasthan Cooperative Dairy Federation for sending copies of the ACR for the purposes of promotion and also making reference that the employee has not been absorbed or confirmed by the Rajasthan Paschimi Dugdh Utpadak Sahakari Sangh or by the Rajasthan Cooperative Dairy Federation and therefore it is not possible for the State to terminate the lien of the employee.