BRIJ MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner had joined the services of the State of Rajasthan, in the Rajasthan Police, as a constable in the year 1966, and was promoted to the post of Head-Constable in the year 1976, with Belt No. 113 (Kota City), and was to retire from his service in the year 2003. He submitted an application dated 9. 12. 1987 (Annex. 1), to the Superintendent of Police, Kota City, Kota (the respondent No. 3), under sub-rule (1) of Rule 244 of the Rajasthan Service Rules, 1951 ("the Rules"), giving three months' notice for seeking voluntary retirement. Vide the order dated 10. 12. 1987 (Annex. 2), passed by the respondent No. 4, his request for voluntary retirement, was accepted and it was declared that he would stand retired on the afternoon of 8. 03. 1988. He applied for leave prior to his retirement and vide the order dated 14. 12. 1987 (Annex. 3), he was sanctioned Half-Pay Leave for the period from 15. 12. 1987 to 8. 03. 1988. THE petitioner gave a second thought and vide the application dated 21. 01. 1988 (Annex. 5), submitted to the respondent No. 4 that he was under mental tension earlier and had applied for being voluntarily retired but that he had been relieved of that tension and wanted to serve the State Government and prayed that the order of his voluntary retirement (Annex. 2), be cancelled and he be allowed to serve the Government, and thereafter, vide the application dated 29. 01. 1988 (Annex. 4), he requested the Inspector, Reserved Lines, Kota City, Kota, to cancel the unexpired period of his leave and to allow him to join his duties. Since the petitioner was neither allowed to join his duties by cancellation of the order of retirement, nor was the said order cancelled, he submitted the applications dated 29. 02. 1988 and 7. 03. 1988 (Annexs. 6 and 8, respectively), requesting the respondent No. 4, to cancel the order of his voluntary retirement and to allow him to serve the State Government. Since no action was taken on his aforesaid applications, vide the application dated 8. 03. 1988 (Annex. 9), be represented to the Deputy Inspector General of Police, Kota Range, Kota , (the respondent No. 3), bringing to his notice that in spite of his above-said applications, the order of his voluntary retirement, had not been cancelled and praying that the same be cancelled and he be allowed to serve the State Government. No action was, however, taken and thereafter, he sent the letter dated 1. 06. 1988 (Annex. 10) to the Director General of Police, Rajasthan, Jaipur (THE respondent No. 2) and to his Excellency the Governor of the State, with the similar requests, but no relief was granted to him and thereafter, he approached this Court by filing this writ petition on 7. 02. 1991, contending that he having withdrawn his notice of voluntary retirement before the date of his retirement, the order of his retirement ought to have been cancelled and that non- cancellation of the same was illegal. He, therefore, prayed that the order of his retirement (Annex. 2) and the report dated 8. 03. 1988 (Annex. 7), recorded about his having retired on that date, be quashed and he be directed to be treated as continuing in the service, as if he had never been retired, with all consequential reliefs.

(2.) THE writ petition has been opposed by the respondents.

(3.) IT is true that the petitioner did not approach this Court soon after 8. 03. 1988, but on that account, in the present circumstances, his writ petition cannot be dismissed, but it will have to be seen as to what relief should be granted to him.