- (1.) NOW , therefore in pursuance of the delegation made under sub rule (2) of rule 244 of the Rajasthan Service Rules, vide Finance Department Order No. F. 1 (34) FD.A/Rules/62 dated 13 -12 63 the undersigned hereby requires Shri Madan Raj Dhariwal, UDC by payment to him of three months pay and allowances In lieu of three months previous notice to retire from the service on the date of receipt of this order by him. A bank draft of the amount of Rs 1524/ on the SBB & J. Jalori Gate JU. in respect of three months pay and allowances in lieu of three months previous notice is enclosed Encl. as above Sd/ - (B.K Jutshl) Collector, Jodhpur
(2.) ACCERDING to this notice, the Collector, Jodhpur. exercising the powers under Rule 244(2) of the Rajasthan Service Rules, 1951 In pursuance of delegation, directed that the said Madan Raj, an UDC of the State Government to retire from the service on receipt of the order. Three month's salary of Rs. 1524/ - was paid to him. by this letter by a draft of it annexed to it, and this was done, in lieu of 3 months notice Rule 244,2) is as under: 244 (2) Government retains an absolute right to retire any Government servant after he has com pie ed 25 years qualifying service without giving any reasons and no claim to special compensation on this account will be entertained This right will not be exercised except when it is in public interest to dispense with further service of a Government servant. The petitioner has challenged this order on a number of grounds, the principal being that the appointing authority of the petitioner never applied his mind on the crucial question whether the petitioner deserves to be compulsorily retired under rule 244 The principal allegation is contained in para No. 1 of the grounds: (1) That it is ex facie clear frvm the impugned order dated 30 -11 -73 that the older has been passed by the Collector, Jodhpur in pursuance of the delegation made to him under sub rule (2) of Rule 244 the RSR vide F. Order No. 1 34 FD A/Rules/62 dated 13 -12 -1963. A perusal of this circular would show that the procedure provided in this circular does not leave any amount of discretion with the appointing authority to pass the final orders. The recommends lions made by the Committee are received by the appointing authority and the appointing authority has to issued the order of compulsory retirement in the specimen enclosed. Thus it in clear that in the petitioners case the appointing authority had no occasion to apply its' mind whether the petitioner should be given compulsory retirement or not In substance the petitioner has been made to retire only on the basis of the recommendations of the Committee and virtually ft amounts to be the order of the Committee itself which has no authority to give compulsory retirement The appointing authority has acted only as a post office and a signing machine On this ground It is absolutely illegal and the impugned order deserves to be quashed and set aside. It may also be mentioned herein that the law laid down by the Rajasthan High Court in its decision reported in 1970 RLW page 256 Sita Ramjoshi v. Stale of Rajasthan is fully applicable to the petitioners case and the impugned order cannot be sustained in the eye of law The decision of the Rajasthan High Court referred to above was also upheld by the Division Bench of the Rajasthan High Court. The matter was taken up to the Supreme Court by the State In that case and In the Supreme Court also the State appeal was dismissed.
(3.) THE Government of Rajasthan Finance Department issued order dated 13th December, 1963 for delegation of powers, which is as under: Government of Rajasthan Finance Department (Expenditure -Rules)Sub : -Delegation of Power In supersession of the Finance Department order No. F. 7A (43)FD Article rule 57 dated the 13th March, 1961 the Governor has been pleased to delegate the following powers Under Rule 244(2) of the Rajasthan Service Rules. The action taken under the orders superseded shall be deemed to have been taken under the appropriate orders: Nature of power Name of Service Authority to which power is delegated Extent of power delegated Power to retire Government servants afterattaining the age of 55 years 1. State service Government in the Administrative Department Full powers provided that the procedurelaid down in the apointments (A -II) Deptt. Order No. F. 1 (36) Appts A II/63 dated 29 9 -63 is followed 2, Subordinate service (Gazetted and nongazetted posts. Heads of the Department. 3. Ministerial service Gazetted and nonGazetted posts) (1) State service Power to retire Govt. servants aftercomple -titlon of 25 yrs. of qualifying service Government in Administrative Department Full powers provided that : (i) the procedure laid down in Appointment Circular No. F. 24 (55) Appts. (a) 57 dated 18 8 1958 read with subje -quent circulars dattd 17 -11 -58 and 4 -10 -1958 and as amendedhereafter from time to time is followed in respect of Gazetted Officersbelonging to any of the service (2) Subordinate service (Gazetted and nonGazetted post) Appointing authorities (3) Ministerial service Gazetted and nonGazetted posts (ii) the procedure laid down in Appointments (A - II GR) Department circular No. F. 24 (55) Apptts. (A) 57/pt. I/Cr. II/CR. dated 16 -5 -63 as amended from time to time is followed in respect of the subordinatenon -gazetted staff Appointing Authorities (iii) the procedure to be laid down by theAppointments (A -ii) Department is allowed in respect or' ministerialStaff (non gazetted,' ;