Sunil Kumar Garg, J. - (1.) The petitioner had filed the present writ petition under Article 226 of the Constitution of India on 5.12.2003 against the respondents with a prayer that by an appropriate writ order or direction the respondents be directed to pay all the retiral benefits to the petitioner with interest @ 18% per annum on and from the date the same had become payable till the date of payment.
(2.) It may be stated here that during pendency of the writ petition, petitioner Ashok Rai (hereinafter referred to as the deceased) died on 10.4.2004 and thereafter an application under Order 22, Rule 3. Civil Procedure Code was filed on behalf of legal representatives of the deceased and the application was allowed by this Court vide order dated 6.7.2004 and the present petitioners who are legal representatives of the deceased were taken on record and amended cause title was also filed.
(3.) It arises in the following circumstances: (i) That the deceased was appointed as Teacher grade III w.e.f. 18.8.1962 and on the request of the deceased, he was voluntarily retired w.e.f. 3.9.1998 through order dated 14.5.1999 (Annexure-1). (ii) That further case of the deceased was that before retirement, he availed leave on various occasions and through order dated 25.1 1.2002 (Annexure-2), the deceased was sanctioned 171 days leave. (iii) That further case of the deceased was that he was not made payment of leave which was granted through order dated 25.11.2002 (Annexure-2). (iv) Further case of the deceased was that after seeking voluntary retirement, papers for pension were duly submitted by the deceased as he had become entitled to get retiral benefits, but retiral benefits were not given to him, in spite of the representations made by the deceased and one of the representations dated 25.1.2003 has been annexed as Annexure-3. (v) Further case of the deceased was that as per Rule 86 of the Rajasthan Civil Services (Pension) Rules, 1996, the deceased was entitled even for provisional pension, but what to talk to retrial benefits, the deceased was not given even the benefit of provisional pension. Hence, the present writ petition with the prayer as stated above.;