M.N.BHANDARI,J. - (1.) With consent of the parties, writ petition has been heard finally. The writ petition has been filed for following prayer - "It is, therefore, most respectfully prayed that your Lordships may very graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction direct the respondents to sanction and pay retirement pension, arrears of pension and retiral dues including Gratuity, GPF, Leave Encashment, commutation of pension, etc. and also the amount of Medical Bills Rs.56,334/- and due salary for the period from 01.10.2009 to 20.12.2012 (27 months 20 days) to the petitioner along with interest @ 18% per annum from the day following his retirement i.e. 21.12.2012."
(2.) The petitioner is one who has not been paid retiral benefits including Gratuity, GPF, Leave Encashment, commutation of pension etc despite his voluntary retirement on 21.12.2012. He has been denied salary for the period from 1.10.2009 to 20.12.2012 so also reimbursement of medical bills for Rs.56,334/-. The denial of those benefits are mainly on the ground that petitioner failed to pass typing test after his appointment as LDC on compassionate grounds. The appointment order dated 17.3.1993 at annexure-1 does not impose condition to pass typing test, rather, it is given in the regular pay scale though shown to be on temporary basis for a period of one year.
(3.) The reply to the writ petition has been filed. It has been stated that petitioner was appointed under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short the Rules of 1996) and as per rule 7 of the Rules of 1996, an employee is under an obligation to pass typing test within a period of three years.;