JAGAN NATH TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition for writ is placed before the Court for its disposal in the spirit of Lok Adalat, however, counsel for the parties desire to get the same adjudicated on merits.

(2.) FACTS of the case, necessary to be noticed are that the Collector, Banswara by an order dated 15.3.2001, while exercising powers under Rule 53(1) of the Rajasthan Civil Service (Pension) Rules, 1996 (hereinafter referred to as 'the Rules of 1996'), placed the petitioner under compulsory retirement. The order of compulsory retirement was reviewed by a competent committee constituted by the Government of Rajasthan and that vide order dated 31.3.2005 set aside the order dated 15.3.2001. However, while doing so the payment of wages for the period the government servant remained out of employment was denied to him, on basis of the principles of "no work no wages".

(3.) THE stand of the petitioner is that he was compulsorily retired as per Rule 53 of the Rules of 1996 and the order of compulsory retirement came to an end in pursuant to a decision taken by the review committee, as such the period in which he remained out of employment was due to an illegal action taken by the respondents, therefore, he cannot be penalised for that. It is further submitted that forfeiture of wages is a penalty prescribed under Rule 14 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958, and if the employer be permitted to detain the wages as per the order impugned, then that shall amount to imposing a penalty without following the due procedure.