CRISTOPHER DAULAT MASIH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition before me raises a short question of law whether a Government servant who had sought his retirement under Rule 244 (1) of the Rajasthan Service Rules on his completing qualifying service of 30 years by writing a letter for the same could be allowed to withdraw that option for retirement and, if so, under what circumstances. THE relevant facts are briefly these: - Petitioner Christopher Daulat Masih was an employee of the former Jaipur State. He joined service in that State in November 1936 and he came to be fixed up in the integrated set up of Rajasthan when the former Jaipur State merged with the then United State of Rajasthan. It is unnecessary to give a history of the various appointments held by him from time to time. Suffice it to say that it is common ground between the parties that from 1-7-60 he was substantively holding the post of Personal Assistant to the Chief Engineer (Buildings and Roads) in the State of Rajasthan. On 18-7 66 he wrote a letter to the Chief Engineer (Building and Roads) seeking his retirement, that letter is Annexure-P on the record and runs as follows: - "no. Rett. I To THE Chief Engineer, B. & R. , Rajasthan. P. W. D. , Jaipur, Sir, "i joined Govt. service on 27-11-1936 and would be completing 30 years qualifying service on 26-11-1956. Under rule 244 (1) of R. S R. , I opt retirement from 31-12-66. " I would be grateful for your kindly: - 1. Issuing my retirement order immediately.

(2.) SANCTIONING me 120 days leave preparatory to retirement from 3rd Sept. 1966.

(3.) AS already observed above, the Chief Engineer did not communicate any orders to the petitioner regarding the letter dated 31-12-66 and he kept it pending in anticipation of the Government orders on the so-called appeal lodged by the petitioner. In these circumstances if the Government had considered the whole matter relating to the petitioner's case then 1 do not think that the Government were not competent to do so. Annexure V, extracted by me above, shows that this is in the form of a letter conveying Government orders, because it begins with the words "i am directed". Then in the body of the letter it is mentioned "to say that the matter has been considered by the Government and since Shri G. D. Masih has withdrawn his option for retirement, he may be allowed to continue in service, and may be sanctioned leave as applied for by him vide his application of 31 Dec. , 1966 addressed to you. He is being advised to make representations regarding seniority and promotion if he so wishes. " The recitals in this letter unmistakably show that the matter had been examined by the Government and they had taken note of the fact that Shri G. D. Masih had withdrawn his option for retirement and accordingly it was ordered that he may be allowed to continue in service and may be sanctioned leave as applied for by him vide his application dated 31-12-66. About this letter it was submitted by learned Deputy Government Advocate that the writer of this letter was the Deputy Secretary and on being apprised by the Chief Engineer vide his letter dated 13-2-67 he wrote a Demi Official letter (Ex. R. 6 on record) to the Chief Engineer which was as follows : Public Works Department, Jaipur, Rajasthan. D. O. No. F. 7 (205)BW/66. 31st March, 1957 "r. C. Mathur, Deputy Secretary. My dear Shri Sarin, Kindly refer to your D. O. letter No. Estt/ce/call-I/17-397/d-3908 dated the 30thmarch, 1967, regarding the continuance of Shri G. D. Masih retired Superintendent of the Chief Engineer's office. AS already discussed with you and the Chief Engineer the application of Shri G. D. Masih was dealt with in the Secretariat as his representation and it was found that he had sought retirement at his own accord, so there was no question of his reemployment unless and untill he had been permitted by the Chief Engineer to withdraw his option. What was desired from this office was that it was for the Chief Engineer to take decision on his representation in any manner he likes because he was competent enough to deal with his representation. This office has nothing more to add in this matter. Yours sincerely, Sd/- 31-3-67 (R. C. Mathur) Shri K. K. Sarin, T. A. to Chief Engineer, P. W. D. (B&r ). , Rajasthan, Jaipur. "