H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to declare that he retired from service with effect from 31.05.2001 on attaining the age of superannuation and further a direction to the respondents to issue retirements orders with all consequential benefits. In the alternative, the petitioner sought a direction to the respondents to treat him a voluntarily retired w.e.f. 22.07.1989 with all consequential benefits.
(2.) THE facts of the case, in a nut shell, are that the petitioner was appointed as Teacher Grade III on 30.07.1963. Vide order dt. 22.07.1989, he was transferred and releived from the Government Primary School, Subhanala, whereupon he made a representation on 04.08.1990 for cancellation of the transfer order and alternatively sought voluntary retirement. Thereafter on 15.09.2004, he served a notice upon the respondents vide Annex. 2 and a reply to that notice was given by the respondents on 28.10.2004. Thereafter again on 05.05.2005 and thereafter the petitioner submitted several representations but nothing has been heard thereon. Ultimately, the petitioner attained the age of 58, which, at the relevant time, was the age of superannuation, but no retiral benefits have been granted to him. Hence this writ petition. A reply to the writ petition has been filed by the respondents stating therein that the petitioner remained absent from the duty for a pretty long time. The petitioner was working at the Primary School at the block Sadul Sahar which was upgraded as Middle School but the petitioner was having the qualification of Headmaster (Primary), therefore, he was transferred at the Primary School, Subhan Aala, but he did not join there and remained absent from duty from 22.07.1989 till the date of his retirement on 31.05.2001. It was further stated in the reply that vide representation Annex.1, the petitioner, in the alternative, sought for voluntary retirement, which could not be permitted as per R.244(1) of the Rajasthan Service Rules, 1951, as the application for voluntary retirement should have been submitted before 90 days from the date of seeking such voluntary retirement. It was further stated that the petitioner had no sufficient cause for not joining the duty at the place where he had been transferred.
(3.) I have heard learned Counsel for the parties.;