GAUTAM CHAND MEHTA Vs. STATE AND ORS.

JUDGEMENT

(1.) BY way of filing the present writ petition, the petitioner has prayed for direction to the respondents to allow him commutation value at 10.78% as per table appended with the Rules of 1996 and the arrears of the commutation along with interest @ 18% per annum. Further, it is prayed that the respondents may be directed to allow the interest at the rate of 18% on the amount of gratuity from the date of his superannuation.

(2.) BRIEF facts of the case are that the petitioner was initially appointed as Stenographer in the Office of Collector, Jalore vide order dt. 24.01.1958. Thereafter while working as Office Superintendent Grade -I, he was appointed as Officiating Tehsildar underR.31 of the Rajasthan Tehsildar Service Rules, 1956 vide order dt. 04.08.1979. Thereafter on the basis of recommendations of the Departmental Promotion Committee underR.29(A)(4) of the Rajasthan Tehsildar Service Rules, 1956, the petitioner was appointed as Tehsildar on substantive basis vide order dt. 01.08.1980. Later on, his services were confirmed on the post of Tehsildar w.e.f. 20.07.1981.

(3.) A departmental enquiry was initiated against the petitioner when he was working as Senior RAS Officer and he was served with charge -sheet and statement of allegations on 12.12.1995. The departmental enquiry was conducted against the petitioner along with one Mr. O.P. Godara and seven other persons underR.16/18 of the CCA Rules, 1958. During the pendency of the enquiry, the petitioner was retired w.e.f. 31.12.1997 on attaining the age of superannuation. Before his retirement due to pendency of departmental enquiry, the petitioner was denied promotion as Selection Scale RAS Officer and the candidature of the petitioner was considered in review DPC and the recommendations were kept in sealed envelope due to pendency of the said enquiry.