- (1.) The petitioner filed this writ petition claiming following prayers :- "It is, therefore, most respectfully prayed that your lordships may graciously be pleased to accept this writ petition by an appropriate writ order or direction in the nature thereof:- (i) all the pensionary benefits may be given to the petitioner; (ii) from 8.12.1988 to 6.7.2001 all the salary during this period and all consequential benefits may be given to the petitioner; (iii) Selection grade may kindly be paid to the petitioner as per his service;"
(2.) The brief facts which required to be noticed are that the petitioner was appointed on 22nd May, 1979 with the Rajasthan State Road Transport Corporation (for short "RSRTC") on the post of "Driver". His services were terminated vide order dated 08.12.1988, which has been challenged by preferring a civil suit. The civil suit was dismissed on 02.09.1994 by the Additional Civil Judge (Junior Division) No.5, Jaipur. Thereafter, he preferred a Civil Regular Appeal No.89/1998 before the learned Additional District Judge No.3, Jaipur, who set aside the termination order with further direction to the respondent-RSRTC to conduct enquiry fresh, during the pendency of the enquiry, services of the petitioner were to remain under suspension. The enquiry was concluded vide order dated 04.06.2001. The Disciplinary Authority held the petitioner guilty of charges and withheld his two annual grade increments with cumulative effect. The remaining salary apart from substance allowances was also forfeited for the suspension period and the petitioner was reinstated on duty.
(3.) Thereafter, the petitioner has sought voluntary retirement by moving an application on 31.05.2002 and the same was accepted by the respondent-RSRTC by 28 th May, 2002 with effect from 31st May, 2002. The case of the petitioner is for release of pension in terms of voluntary retirement order dated 18.10.2002, however, it has not been released for the reasons that the total actual services rendered by the petitioner was treated as less than 10 years.;