RAJESH BALIA, J. - (1.) THE applicant in this petition has complained about non -compliance of the order made by this Court on 17.12.1998 in D.B. Civil Special Appeal No. 925/97 directing the respondent to fix the pension case of the petitioner -appellant expeditiously by treating that petitioner to have retired from Department of Animal Husbandry w.e. f. 1.2.1981. The back -drop in which this petition has been filed is that petitioner while he was serving on deputation with Rajasthan Co -operative Dairy Federation submitted letter of voluntary resignation w.e.f. 1.4.1986 which was refused by the respondent on 1st August, 1994. The petitioner filed the writ petition challening that order claiming relief inter alia on the ground that respondents having not rejected the resignation of the petitioner for long must be deemed to have accepted on the expiry of statutory period and therefore he must be deemed to have retired from service w.e.f. 1st April, 1986 and thus he became entitled to retrial benefits from respondent State as having retired from Department of Animal Husbandry w.e.f. 1.4.1986. The petitioner had in fact continued to serve on deputation until 30th June, 1992 with the Rajasthan Co -operative Dairy Federation. The petitioner had not returned, even since he was deputed there, to Animal Husbandry Department, his parent department. The case of the respondent had been that since the petitioner had failed to return to his parent department from deputation even after expiry of maximum permissible period for deputation his lien in the parent department of Animal Husbandry was terminated on 1st Feb. 1981 and therefore the principal ground of the petition namely non -acceptance of the resignation w.e.f. 1.4.1986 was not maintainable. This petition was dismissed by the learned Single Judge of this Court on 22nd July, 1997 against which the petitioner had preferred Special Appeal No. 925/97. That appeal came to be decided by a consent order on 17.12.1998. The petitioner having agreed to be treated as retired from Department of Animal Husbandry w.e.f. 1st February, 1981, the date on which his lien has been terminated, the following order dt. 17.12.1996 was passed. Parties through their counsel agree for final disposal of this appeals with the direction that pension case of the petitioner, be finalised within two months from the date of receipt of certified copy of this order treating him to have retired from Department of Animal Husbandry as on 1.2.1981. Since the petitioner -appellant gives up rest of the controversy and claim being settled out of the Court, the dues that may be found payable to the petitioner appellant after determination of the pension case be paid to him expeditiously. The Special Appeal is disposed of.
(2.) THE fixation of pension having not been made within two months from the date of receipt of the certified copy, of the order the present contempt petition was filed. It appears that after the expiry of two months the respondent had preferred a Special Leave Petition before Hon'ble Supreme Court. Hon'ble Supreme Court condoned delay in filing the said Special Leave Petition and issued notice vide order dt. 15.7.1999 and the order of the Division Bench of this Court as stayed. It is common ground between the parties that now the S.L.P. has been rejected and the respondents have released pensionary benefits to the applicants by treating the petitioner to have retired from the Department of Animal Husbandry on 1st February, 1981 from the post at which he was serving on deputation. However, the petitioner has raised grievance in the petition that the respondents are finalising the pension case of the petitioner without considering the proforma promotion to which the petitioner was entitled in the department of Animal Husbandry prior to the date his lien was terminated, on 7.8.1978 when persons junior to him were promoted in the parent department. Learned counsel for the applicant submits that since filing of reply dt. 5.4.2000 the applicant has received letter dt. 8th April, 2000 that matter for considering the petitioner for promotion on the post of Senior Veterinary Doctor w.e.f. 7.8.1978 the date from which persons junior to him were promoted has been referred to Department of Personnel which alone is competent to take decision in that regard and the petitioner shall be informed about the outcome as and when the Department of Personnel decides the case of the petitioner for proforma promotion from the date the juniors have been promoted. He is prepared to await decision of D.O.P.
(3.) WE are of the opinion that in the aforesaid circumstances no present cause survives for continuing with this petition. Notices are discharged.;