Vijay Bishnoi, J. - (1.) THE petitioner has filed this writ petition while praying the following reliefs: - (a) That the respondents may kindly be directed to make payment to the petitioner from 1.8.2001 till today along with interest. (b) That the respondents may kindly be directed to take the petitioner back in service till his retirement i.e. 31.8.2002 with all consequential benefits. (c) That the writ petition of the petitioner may kindly be accepted and allowed with cost. (d) That any other appropriate relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case, in favour of the petitioner, may kindly be granted. Brief facts of the case are that the petitioner was appointed on the post of National Discipline Scheme Instructor Gr. III on 11.4.1964. While working at Government Upper Primary School Bohera, Tehsil Bari Sadari, District Chittorgarh, he filed an application on 30.10.1999 and sought voluntary retirement from service from 31.1.2000. The application for voluntary retirement of the petitioner was duly forwarded by the Principal of the School to the District Education Officer (Secondary) Education Department, Chittorgarh. But the same was not accepted by the competent authority and, therefore, he moved another application dt. 1.8.2000 and had withdrawn earlier application for voluntary retirement. However, despite withdrawal of request for voluntary retirement, the respondent No. 4 restrained the petitioner from putting his signature in the attendance register on 21.8.2001 and had also refused to allow the petitioner to attend the school. It was also averred that salary from August 2001 had not been paid to the petitioner. Reliance was placed on an order dt. 31.1.2001 issued by the respondent No. 2, whereby the date of retirement of the petitioner was mentioned as 31.8.2002 and on the strength of that claim for salary for the period running from 01.08.2001 to 31.8.2002 was raised.
(2.) REPLY to the writ petition has been filed on behalf of the respondents wherein it has been contended that the petitioner had applied for voluntary retirement from 31.1.2000 vide his application dt. 30.10.1999 and as per the provisions of Rule 50 the Rajasthan Civil Service (Pension) Rules, 1996, (hereinafter referred to as the 'Rules of 1996') the retirement of the petitioner from the services of respondents became automatically effective from the date specified in the said application. It is also stated in the reply that in the order dt. 31.01.2002 passed by the Secondary Education, Bikaner, the date of retirement of the petitioner was inadvertently mentioned as 31.08.2002 because the petitioner automatically retired on 31.01.2000, the date given in the application for voluntary retirement. It is also averred in the reply that the petitioner himself has informed the respondents vide letter dt. 23.02.2000 that he has been relieved from the Government service and, therefore, his pension case should be finalized. It is further averred in the reply that the petitioner illegally marked signatures of him in attendance register, for which a criminal case was also registered against him. Learned counsel for petitioner has argued that since the respondents have not accepted the resignation of the petitioner, he should be deemed to be in service of the respondents till the actual date of his retirement i.e. 31.08.2002. It is further contended by learned counsel for the petitioner that from the documents annexed with the rejoinder Annex. 7 and 8, it is clear that the petitioner remained in service of the respondents after 31.01.2000 and also discharged his duties and, therefore, the petitioner is entitled for salary upto the period 31.08.2002, the actual date of retirement of the petitioner. It is further contended that the criminal case registered against the petitioner was resulted in negative final report, which was also accepted by the competent criminal Court while holding that no evidence is available of commission of any offence by the petitioner and as such the petitioner has prayed that directions be given to the respondents to pay him the salary from 01.08.2001 to 31.08.2002 along with interest.
(3.) LEARNED counsel for the petitioner has also placed reliance upon the judgments passed by this Court in S.B. Civil Writ Petition No. 2843/2000 (Achala Ram vs. State of Rajasthan & Ors.) decided on 26.4.2001.;