- (1.) THIS petition has been filed challenging the order dated 20.06.2002, passed by the Managing Director, Rajasthan State Road Transport Corporation, Jaipur (hereinafter 'the RSRTC') compulsory retiring the petitioner from service as Booking Clerk cum Conductor. It has also been prayed that this Court declare that the petitioner continues to be in service of the respondent -RSRTC, which be required to allow the petitioner to join back in service on the post held by him.
(2.) THE facts of the case are that the petitioner was appointed as a Booking Clerk cum Conductor on 18.09.1974. In the course of employment with respondent -RSRTC, the petitioner on several occasions was removed from service, but reinstated with continuity of service and all consequential benefits. The last of such order was passed by this Court on 09.08.1985 in SBCWP No.1511/1983 wherein this Court quashed the order dated 20.05.1983 by which the petitioner's services were terminated and the petitioner was declared to be treated continuously in service. Clause 18D(1) of the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 (hereinafter 'the Standing Orders, 1965') provides as under : 18D(1) -Compulsory Retirement : Notwithstanding anything contained in the regulations the corporation, may, if is of the opinion that it is interest of the corporation to do so, have the absolute right to retire any corporation employees after he had attained the age of 50 years or the date he completes 25 years which ever is earlier, or on any day thereafter by giving three months notice in writing or three months pay and allowances in lieu thereof.
(3.) TAKING into consideration the fact that the petitioner was employed with the RSRTC on regular basis on 18.09.1974 and had completed 25 years of service on 18.09.1999 and the petitioner's overall performance, enquiries and punishments suffered by him, the Board of RSRTC, took a decision on 20.06.2002 to compulsory retire the petitioner from service. Hence this petition.;