NAVEEN KUMAR MAHAMWAL SON OF SHRI K.C. MAHAMWAL Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JOHDPUR
LAWS(RAJ)-2017-9-91
HIGH COURT OF RAJASTHAN
Decided on September 15,2017

Naveen Kumar Mahamwal Son Of Shri K.C. Mahamwal Appellant
VERSUS
High Court Of Judicature For Rajasthan At Johdpur Respondents

JUDGEMENT

AJAY RASTOGI,J. - (1.) The petitioner is a retired Judicial Officer who has been compulsorily retired u/R.53(1) of the Rajasthan Civil Services (Pension) Rules, 1996 vide order dt.13.07.2004 and that came to be challenged by the Officer by filing of the writ petition which came to be dismissed on 07.05.2007 on account of noncompliance of peremptory order passed by the court. It reveals from the record that without any delay application for restoration of the writ petition came to be filed in 2007 itself having some defects but the Officer failed to pay any heed after filing of the restoration application and on removal of defects, it was registered as D.B. Writ Restoration Application No.559/2011 and the application for restoration was also dismissed by the Division Bench of this court vide order dt.12.01.2017. In consequence thereof, a substantive writ petition filed assailing order of compulsory retirement dt.13.07.2004 was not examined on merits.
(2.) It further manifest from the service record that the adverse remarks recorded in the ACRs for the years 1989, 1990, 1991 and 1992 were separately challenged by the Officer in D.B. Civil Writ Petition No.491/1996 that came to be dismissed vide order dt.13.02.2006 on the premise that as he has been compulsorily retired from service, what is being prayed for by him has become infructuous.
(3.) Be that as it may, in D.B. Civil Writ Petition No.4822/2003 the Officer has challenged the order of his reversion passed by the respondents to his substantive post of Civil Judge (Jr. Division)- cum-Judicial Magistrate, on which he was initially appointed after his selection through the Rajasthan Public Service Commission after qualifying the competitive examination on 29.11.1976.;


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