Gopal Krishan Vyas, J. - (1.) This writ petition has been filed by the petitioner challenging the order of compulsory retirement from service Annex. -14 dated 06.11.2003 with the prayer that consequential directions such as reinstatement and other consequential benefits may also be granted with compensation and damages for the losses suffered by the petitioner. Before filing the present writ petition against the order of compulsory retirement, earlier a writ petition was preferred by the petitioner and the said writ petition was registered as S.B. Civil Writ Petition No. 569/2003 which is still pending before this Court. In the earlier writ petition, the following prayer was made: I/a. It be declared that the petitioner stands regularized on the post of Assistant Engineer (Mechanical) on and from the date he was so appointed. If the Court were of the view that the Court itself can not declare the services of the petitioner to be regularized, the Hon'ble Court be pleased to direct the respondents to consider the case of the petitioner for regularization on the post of Assistant Engineer (Mechanical) and on finding him fit therefore, regularize his services as such. I/b. In the alternative and without prejudice to the aforesaid prayer in the event of the Court coming to the conclusion that aforesaid prayers can not be granted respondents be directed to continue petitioner on the post of Assistant Engineer (Mechanical) as he has been working hitherto before and for this purpose order of the Registrar dated 31.5.2002 may be quashed and the respondent University be directed to continue petitioner on the post of Assistant Engineer (Mechanical) till regular selections are made and appointments are given as he was doing hitherto before. I/c. The respondents be directed to take work of Assistant Engineer (Mechanical) from the petitioner and not that of a ministerial in nature. I/d. The respondents be directed to pay to the petitioner all that becomes payable on his remaining on the post of Assistant Engineer as falling due from time to time.
(2.) In the above writ petition, notices were issued and reply was filed by the University on 08 -04.2003. A prayer was also made in that writ petition by way of stay application that impugned order therein dated 31.05.2002 may be stayed. But, when no stay order was passed by this Court in the said writ petition, then, the petitioner was required to submit his joining on the post of Technical Assistant, therefore, he had no alternative but to comply with the order dated 31.05.2002 under protest to avoid any risk involved in not doing so. In the above writ petition, it is nowhere stated in the reply by the respondents that the petitioner's services are not satisfactory or he had outlived his utility in the service of the University. The only principal dispute involved in the writ petition was that whether the petitioner is entitled to have his services regularized on the post of Assistant Engineer (Mechanical). The controversy involved in the said writ petition with regard to the petitioner's claim for regularization on the post of Assistant Engineer is under adjudication and although it has nothing to do with the present controversy but the petitioner has stated in the present writ petition that in earlier writ petition it is nowhere stated by the respondent University that the petitioner's work was not found satisfactory or that he has outlived his utility in the service of the University.
(3.) In the present writ petition, the petitioner is challenging the impugned action of the respondents whereby the order was passed on 06.11.2003 for compulsory retirement of the petitioner. As per the petitioner, on 04.11.2003, a letter was issued by the Dean, College of Science, Mohan Lal Sukhadia University, Udaipur by which the petitioner was relieved in the after -noon of 04.11.2003 to report in the office the Assistant Registrar (Degree Cell) of the University. The petitioner filed a representation to the Registrar on 05.11.2003 in which it was prayed that he may be apprised of the University Service Rules for his transfer in the Degree Cell. Further, it is requested that the petitioner may be informed in writing the details of the work which he was required to perform in the Degree Cell. On 05.11.2003, upon representation filed by the petitioner a communication was sent by the Registrar to the Dean, College of Science in which it was directed that the petitioner shall be allowed to work in the College itself and his services are not required in the office of the Registrar. The petitioner has placed on record Annex. -13 dated 05.11.2003 passed by the Registrar. As per the petitioner when the petitioner again joined in the Science College, suddenly, he received impugned order dated 06.11.2003 whereby the petitioner was given compulsory retirement on completion of 24 years' qualifying service. In the said order of compulsory retirement, it is specifically stated that the petitioner has lost his utility in the University service and as such further retention of the petitioner in service is not in the over -all interest of the University. Therefore, he is hereby given payment of three months' notice pay amounting to Rs. 53,823/ -. In the impugned order dated 06.11.2003, it is also stated that if Mr. Bhandari is aggrieved of this order he may make his representation, if any, in respect of his compulsory retirement through the Registrar within 15 days of the order. Therefore, a representation was filed by the petitioner in which it is prayed that he may be apprised of the provisions under which the order has been issued for compulsory retirement. It is stated by the petitioner that his earlier writ petition is pending with regard to regularization on the post of Assistant Engineer and with a view to punish him for having approached the Hon'ble High Court, the order of compulsory retirement has been passed without any provisions of law.;