- (1.) WE have heard learned counsel for the parties. Petitioner served as an Officer in the District Judge Cadre in the Rajasthan Higher Judicial Service. He was compulsorily retired on 13.7.2004 by the State Government on the recommendation of the High Court. By the date of his compulsory retirement, he had not rendered the qualifying service for eligibility for pension under Rule 54(1) of the Rajasthan Civil Service Pension Rules, 1996 (for short, "the Rules of 1996"). The petitioner unsuccessfully challenged the order of compulsory retirement in a writ petition before this Court. A Special Leave Petition against the order was dismissed by the Apex Court.
(2.) BY this writ petition, the petitioner has prayed for the following reliefs: "1. The respondents may kindly be directed to release the petitioner's pension on and from the date he has been compulsorily retired i.e. on 13.7.2014 alongwith interest at prevailing market rate. 2. That the respondents may kindly be directed to provide the petitioner medical reimbursement and all ancillary retiral benefits. That apart from aforesaid, the respondents may kindly be directed to make regular payment of additional medical allowance and the domestic help allowance as per directions and orders/circulars to the petitioner with arrears of the same from 13.7.2014 alongwith interest at prevailing market rate." 3. It is admitted that the petitioner had not rendered the minimum qualifying service on the date of his compulsory retirement, and thus in view of Rule 54(1) of the Rules of 1996, he is not entitled to pension.
(3.) IN para 13 of the reply, given by the State Government, it is admitted that as a compulsorily retired judicial officer, even if the petitioner is not eligible for receiving the pension under Rule 54(1) of the Rules, he is entitled to the Medical Allowance of Rs. 100/ - per month and Domestic Help Allowance of Rs. 1500/ - per month. Para 13 of the reply is quoted below: "13. That in reply to the contents to para No. 13 of the writ petition, it is submitted that as far as medical allowance and domestic help allowance is concerned, the answering respondent got the medical examination of the petitioner done and it was found that the petitioner is entitled for the medical and domestic help allowance. That the answering department vide communication Dt. 8.8.2007 and 13.9.2007 requested the Registrar General Rajasthan High Court for providing the details of the petitioner's residence (Tehsil and District) so that the District Treasury Officer and Bank may be identified, but till date, no such information was received by the department. That as soon as the same will be received from the Registrar General, Rajasthan High Court then only any action can be taken by the answering department which will be required.";