- (1.) Pradeep Nandrajog, C.J. - Late Shri Sohan Lal Soni was in service in the State of Rajasthan and on rendering 12 years and 8 months service submitted his resignation which was accepted and as a consequence he ceased to be in Government service. This happened way back on 9.8.1968. 2. After 29 years, in the year 1997 he filed a writ petition in this Court challenging Rule 208 of the Rajasthan Service Rules, 1951 and Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996. The two Rules read as under:- "208 Resignation, dismissal or removal for misconduct etc. (a) Resignation of the public service of dismissal or removal from it for misconduct, insolvency, inefficiency not due to age or failure to pass a prescribed examination entails forfeiture of past service. (b) Resignation of an appointment to take up, with proper permission, another appointment, whether permanent or temporary, service in which counts in full or in part, is not a resignation of public service. In case where an interruption in service is inevitable due to the two appointments being at different stations, such interruptions, not exceeding the joining time permissible under the rules on transfer, shall be covered by grant of leave of any kind due to the Government servant on the date relief or by formal condonation under Rule 212 to the extent to which the period is not covered by the leave due to the Government servant. 25. Forfeiture of service on resignation (1) Resignation form a service or a post, entails forfeiture of past service. (2) A resignation shall not entail forfeiture of past service if it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. (3) Interruption in service in a case falling under Sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time admissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him."
(2.) On his death, legal representatives of late Shri Sohan Lal Soni have been impleaded as appellants.
(3.) Vide impugned decision dated 20th November, 2006 the writ petition filed by Sohan Lal Soni has been dismissed.;