- (1.) THE instant appeal has been filed against the order of the learned Single Judge dated 09/12/2013.
(2.) THE appellant initially joined service in the Department of Food and Civil Supplies on 29/08/1973 however, he was compulsorily retired along with 17 officers on being dead -wood in exercise of the powers conferred under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996 vide order dated 29/11/2000 (Ann. 1 to the writ petition). It appears that the officers of the department, who were compulsorily retired, submitted a joint representation to ventilate their grievance. The State Government in its wisdom took a decision to constitute a Grievance Committee vide order dated 03/12/2002 and called upon the applicant -officers/employees, who were interested to submit their representations so that it may be considered appropriately on certain terms and conditions and for which, an undertaking by way of affidavit was asked for from the incumbent concerned that if his/their grievances are ventilated by the Grievance Committee constituted by the State Government, he/they will not claim any salary or wages for the intervening period on the principle of 'no work no pay' and, thereafter, the undertakings submitted by the individuals were placed before the Grievance Committee.
(3.) THE Grievance Committee took into consideration the matter of individuals/employees and of the present appellant and arrived at a conclusion that he needs indulgence and accordingly, the order was passed for his reinstatement dated 08/07/2004 (Ann. 7 to the writ petition) and he joined service on the same day. The appellant furnished an undertaking that he will not claim any salary or wages for the intervening period on the principle of 'no work no pay' and obviously he was not paid any salary and wages for that period. He made a grievance before the learned Single Judge by filing writ petition that he had no other option other than furnishing Undertaking and to act upon on the conditions laid down by the State Government and such undertaking furnished by the appellant was under compulsion and in absence thereof, his application could not have been considered on merit by the Grievance Committee, which was constituted by the State Government for the purpose and apart from it, his grievance was that once he has been reinstated by the order of the competent authority dated 08/07/2004, atleast he is entitled for notional benefits so as not to cause him further financial loss.;