Jaishree Thakur, J. - (1.) THE challenge in the present writ petition filed under Article 226 of the Constitution of India is by the legal heirs of late Shri Rajendra Prasad Nigam to the order dated 15.3.2001 whereby the said late Shri Rajendra Prasad Nigam was compulsorily retired.
(2.) LATE Shri Rajendra Prasad Nigam was appointed on the post of Lower Division Clerk, on 22.1.1973. While working in the office of the Sub -Treasury, Kushalgarh, District Bhilwara, he was compulsorily retired vide order dated 15.3.2001. After retirement, he expired within a period of five months thereafter. Mr. P.S. Chundawat counsel appearing for the petitioners has assailed the order dated 15.3.2001 on the ground that the said order was passed in violation of General Administrative department Notification dated 7.3.2001 which specifically provided that before finally retiring any person compulsorily, his case ought to be placed before a High Powered Committee constituted for the purpose of examination of such a case and only after the Committee had accorded its approval, a Government Servant can be retired compulsorily. It is also pleaded that the order dated 15.3.2001 by which late Shri Rajendra Prasad Nigam was compulsorily, retired, was accompanied by a Demand Draft in a sum of Rs. 31,746/ - which was encashed while not being aware that the amount remitted to him did not constitute three months' pay and allowances as enumerated under Rule 53(2) of the Rajasthan Civil Services Pension Rules, 1996(for short 'the Rules of 1996'). It is contended that apart from the shortage in remitting three months' salary which became payable in lieu of three months' notice, a sum of Rs. 1,18,070/ - which was due and payable to late Shri Rajendra Prasad Nigam as leave encashment had not been paid. Further more it is submitted that one Shri Devi Singh, Patwari was also sought to be compulsorily retired by the Department without following the procedure as specified by Notification dated 7.3.2001. Said Devi Singh challenged his retirement before the Rajasthan Civil Services Appellate Authority, Jodhpur on the ground that the matter had not been considered by the High Power Committee before issuance of the order retiring him compulsorily. The Appellate Authority allowed the petition which was not challenged by the Department and the said person was taken back in service. The petitioners seek parity with the case of Devi Singh claiming that the case of late Shri Rajendra Prasad Nigam too had not been put up before the High Power Committee before retiring him compulsorily.
(3.) PER contra Mr. N.S. Rajpurohit counsel for the respondents has contended that the retirement of Shri Rajendra Prasad Nigam was in public interest since he had been given several charge sheets and warnings to improve his work but to no avail. It was also submitted that the late government servant had accepted his retirement since the demand draft sent in lieu of three months' notice had been accepted.;