Gopal Krishan Vyas, J. - (1.) IN this writ petition, the petitioner has prayed for direction to the respondents to declare that the petitioner is entitled to get the amount of all the retiral benefits of pension, gratuity, commutation, State Insurance and G.P.F. Etc. for the entire period of service from 02.02.1970 to 30.11.2004 without any deduction and objection, calculated immediately on his retirement on 30.11.2004 on the basis of the last pay drawn. It is further prayed that the respondents may be directed to pay withheld amount towards gratuity and the amount of commutation etc. with arrears arising out of retiral benefits and interest @ 12% on the benefits from the date they became payable till the date of actual payment.
(2.) BRIEF facts of the case are that initially the petitioner was appointed on 02.02.1970 as Police Constable in the R.A.C., 6th Battalion. Later on, after adjudging the suitability of the petitioner for the post of Constable Driver, he was selected and given posting on the post of Constable Driver. While the petitioner was working in the R.A.C. 3rd Battalion as Constable Driver, he was transferred to Rajasthan State Motor Garage, Jaipur as Driver on 09.09.1989 by the Director General, Rajasthan Police, Jaipur and was posted under the control of Superintendent of Motor Garage, Jodhpur where he was confirmed as Driver by the Controller, Rajasthan State Motor Garage, Jaipur on 19.11.1999. The petitioner took voluntary retirement with effect from 30.11.2004 while working on the post of Driver. The case of the petitioner is that neither any inquiry was pending against him under CCA Rules nor any inquiry was contemplated against him during his service tenure. Initially he worked in the R.A.C. on the post of Constable Driver and, thereafter, upon transfer to the State Motor Garage on the post of Driver, he worked till 30.11.2004 in the State Motor Garage Department. Therefore, the respondents were to grant him all retiral benefits as per the services rendered by him in the R.A.C. and State Motor Garage Department on the post of Driver.
(3.) THE contention of the petitioner is that he has furnished all the relevant proformas for granting him pension and completed all formalities as required under the law and his case was sent to the Joint Director, Pension Department, Jodhpur for necessary action vide Annex. -P/7. Similarly, for the finalization of the GPF and State Insurance claims, letter was written on 27.11.2004 to the Dy. Director, State Insurance and G.P.F. Department, Jodhpur; but, only provisional pension was allowed to the petitioner vide PPO No. 402047 (R) and gratuity vide letter No. 404121 (R) on 07.05.2005. The case of the petitioner is that the respondents are not finalizing his matter with regard to his entitlement of pensionary benefit, so also, other retiral benefits, therefore, he has filed this writ petition under Article 226 of the Constitution of India.;