Mohammad Rafiq, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed by the petitioner seeking a direction to the respondents to pay him pension and other retiral benefits for the services he rendered to the respondents on the post of Senior Teacher w.e.f. 3.9.1971 till 7.6.1993 on which date he resigned from services with prior permission to join as Principal, Jawahar Navodaya Vidyalaya in the State of Gujarat.
(3.) The petitioner was selected and appointed as Sr. Teacher with the respondents on 3.9.1971 and was posted at Government High Secondary School, Jaitaran in District Pali. He was assigned the work of Education Extension Officer from 1982 till 1987. He continued in the services of respondents till some time in the year 1993 when he came across an advertisement issued by Navodaya Vidyalaya Samiti for appointment on the post of principal of their school. It is not in dispute that Navodaya Vidyalaya Samiti is a autonomous organization funded and controlled by the Ministry of Human Resources Development, Department of Education, Govt, of India. The petitioner requested for permission through proper channel to apply for the aforesaid appointment. His application was forwarded by Additional Director, Primary and Secondary Education, Bikaner vide order dated 1.10.1992, which is on record. The said order states that in the event of petitioner being selected for appointment as Principal Navodaya Vidyalaya Samiti, his appointment will not be treated as deputation and that the petitioner shall have to resign from service. The petitioner was selected and as per the condition imposed by the respondents he resigned from service vide application dated 26.7.1994 to take up the said job. The Director, Primary and Secondary Education, Bikaner vide order dated 9.5.1995 accepted his prayer for resignation w.e.f. 7.6.1993 itself. The order accepting resignation is on record, which also states that resignation was being accepted in view of the petitioner's selection for appointment as Principal in Navodaya Vidyalaya Samiti. When the petitioner requested the respondents to grant him benefit of pension and other retiral dues, the Principal, Government Higher Secondary School, Sewar where the petitioner was lastly posted, forwarded his application vide letter dated 15.6.1996 to the Director, Primary and Secondary Education, Bikaner by which he gave clarifications in response to the earlier letter of the Director dated 5.4.1996. The Joint Director (Personnel), Primary and Secondary Education, Bikaner wrote a letter to the Secretary of the Education Department, Jaipur on 19.9.1996 for giving benefit of pension and other retiral benefits to the petitioner specifically mentioning therein that the petitioner was relieved on the condition that in the event of selection eh will have to resign. He, therefore, requested that required sanction for leave and amount of pension contribution as one time may be obtained. The petitioner submitted representation on 19.8.1997 and thereafter on 17.2.1998. At one stage, the Deputy Director, Primary and Secondary Education, Ajmer by his letter dated 27.5.1998 recommended for grant pensionary and other retiral benefits to the petitioner in terms of Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996, but this did not materialise. In fact, the Principal Government High Secondary School, Sawar by letter dated 24.10.1998 in response to the aforesaid order, wrote back saying that since service record of the petitioner was not available, no action could be taken in the matter. The petitioner then submitted number of representations on 12.9.1998, 1.6.2000, 6.6.2000 and 3.6.201 and finally approached this Court by filing the present writ petition.;