(1.) THE instant writ petition has been filed by the petitioners for setting -aside of the judgment and order of the Rajasthan Civil Service Appellate Tribunal, Jodhpur (hereinafter called 'the Tribunal'), dated 18.3.1997 (Annexure. 1), by which the order dated 14.6.1996 (Annexure.5) by which petitioner No. 3 had relieved the respondent No. 1 from service accepting her application for voluntary retirement, has been quashed.
(2.) THE factual gamut of the case reveals that respondent No. 1, while working as a teacher with the petitioners, applied for voluntary retirement on 12.8.1984 (Annexure.2) on the premises that she had competed her qualifying service on 12.11.1984 and, therefore, she may be permitted to avail of the benefit of voluntary retirement with effect from 12.11.1984. Respondent No. 1, after submitting the said application, did not join her duty for a long time and after more than two years of submission of her application, she filed S.B. Civil Writ Petition No. 2245/1986 before this Court for seeking direction to the Department to grant her all retiral benefits including pension, gratuity, G.P.F. and State Insurance amounts etc. The Department took a stand in that writ petition that the respondent No. 1 was not entitled to seek such reliefs as she had not completed the qualifying service and it was short by ten months; moreover, she had committed a misconduct of remaining absent without any cause or leave for a period of about two years and ten months. This Court took a lenient view and disposed of the writ petition vide judgment and order dated 9.7.1987. The relevant part of the Division Bench order runs as under -
(3.) BEING aggrieved and dissatisfied, respondent No. 1 challenged the said order before the Tribunal by filing Appeal No. 284/1995 and at the same time she also preferred Writ Petition No. 1905/1995 before this Court which was dismissed by this Court with costs, giving her liberty to persue the remedy before the Tribunal. In the said writ petition, respondent No. 1 had challenged the vires of Rule 244(1) of the Rajasthan Service Rules, 1951 as well as the order dated 14.6.1996 (Annexure.5).
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