Sunil Kumar Garg, J. - (1.) THIS writ petition under Article 226 of the Constitution of India was originally filed by Permanand Sewak (hereinafter referred to as "the deceased"), who died during the pendency of this writ petition on 2.1.2001 and, thereafter, Smt. Radha Devi wife of deceased Permanand was substituted in place of deceased Permanand vide order dated 12.4.2001, with the prayer that by an appropriate writ, order or direction, the termination order dated 11.3.1996 (Annex. 3) passed against the deceased by the respondent No. 3 Vikas Adhikari, Panchayat Samiti, Jaisalmer be quashed and set aside and furthermore, retiral benefits be given now to Smt. Radha Devi, wife of deceased.
(2.) THE case of the petitioner as put forward in this writ petition is as follows : The deceased was appointed on substantive basis on the post of Teacher Gr. III on 20.7.1959, but due to loss of mental equilibrium, he filed an application for leave on 9.12.1982 and thereafter, he was continuously filing applications for extension of leave. Since the deceased was medically unfit, he remained absent from duty on medical grounds. The further case of the petitioner is that the respondent No. 3 Vikas Adhikari, Panchayat Samiti, Jaisalmer gave a notice (Annex. 1) on 14.2.1996 to the deceased asking him to join duties within seven days. In pursuance of that notice Annex. 1, the deceased joined his duties on 29.2.1996 through joining report Annex. 2 and alongwith that he also submitted medical certificates etc. etc. and he further made a request that he be taken on duty as he was to be superannuated with effect from 29.2.1996. However, without making any enquiry, the respondent No. 3 Vikas Adhikari, Panchayat Samiti, Jaisalmer passed an order Annex. 3 on 11.3.1996 by which the services of the deceased were terminated with effect from 29.2.1996 on the ground that he continuously remained absent from duty with effect from 8.12.1982 and that order Annex. 3 has been challenged in this writ petition. The main ground is that the termination order Annex. 3 was passed without making any enquiry under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "the CCA Rules") and therefore, the same cannot be sustained and liable to be set aside. Hence, this writ petition with the prayer as stated above. A reply to the writ petition was filed by the respondents and the case of the respondents is that as per the service record of the deceased, his date of birth was 5.2.1938 and, therefore, he attained the age of superannuation on 4.2.1996 and since he continuously remained absent from duty with effect from 8.12.1982, therefore, this aspect should be treated as he had abandoned his services under the Rules and in case of abandonment of service, no enquiry was necessary and thus, the impugned termination order Annex. 3 was rightly passed against the deceased. Hence, this writ petition be dismissed. I have heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents and gone through the materials available on record.
(3.) FROM perusing the impugned termination order Annex. 3 dated 11.3.1996, it is very much clear that the ground on which the services of the deceased were terminated was that he remained absent from duty and the ground of abandonment of service has not been mentioned in it. Since the ground of abandonment of service has not been mentioned in the impugned termination order Annex. 3, therefore, the case of the respondents that the services of the deceased were terminated on the ground of abandonment of service, cannot be accepted.;