NARAIN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition was filed in the year 2004 claiming retiral benefits i.e. gratuity, pension, state insurance, commutation, Bonus etc. for reasons of purported voluntary retirement three month's following the petitioner's purported application dated 22.3.1994 under Rule 244 (1) of Rajasthan Service Rules, 1951 (hereafter 'Rules of 1951').

(2.) The petitioner was appointed as an Auxiliary Health Worker (AHW) in the Medical and Health Department, Government of Rajasthan vide order dated 21.6.1960 and joined on 24.6.1960 at the Primary Health Centre, Udaipurwati, District Jhunjhunu. He was confirmed w.e.f. 24.6.1960 on the said post vide order dated 19.8.1963. The petitioner was apparently promoted vide order dated 19.1.1976 on the post of Non Medical Supervisor and posted in the office of Dy. C.M.H.O. (Health), Nagaur. He then appears to have been transferred to Barmer vide order dated 15.2.1977.

(3.) The petitioner case is that at the relevant time as he was suffering from illness and not feeling well he could not join his duty at Barmer, and so informed the Dy. C.M.H.O., Nagaur, the Officer at the Barmer office, and the Director, Medical and Health Services, Jaipur in that regard. And after recovering from the alleged illness, the petitioner states to have gone to Barmer to join his duty as Non Medical Supervisor but that the Department did not allow him to join. It has been submitted that the petitioner thereafter again took ill consequent to which he submitted an application for voluntary retirement under Rule 244 (1) of the Rules of 1951 on 22.3.1994. It has been submitted that no response of denial of voluntary retirement to the said application was received within the statutory period of 90 days for reason of which the petitioner stood voluntarily retired and was entitled to all retiral benefits. The petitioner's case in the alternative is that even otherwise he, born on 15.10.1939, was entitled as per his age for retirement on 14.10.1997, following which retiral benefits should have been allowed to him. Yet such benefits due, one way or the other remain unpaid. Hence this petition.