Employees compulsorily retired under Rule 244(2) of the Rajasthan Service Rules are entitled to cash payment in lieu of unutilised privilege leave on the date of retirement at par with that of employees who retire under the provisions of Rule 244(1).

1. - By invoking powers under Article 226 of the Constitution of India, the petitioner has filed this writ petition seeking following reliefs :

(i) for quashing the decision dated 14.9.95 conveyed to the petitioner on 12.12.95 passed by respondent No. 1 and direct the respondents to pay the petitioner cash payment of unutilised Privilege Leave of 180 days, gratuity, commutation of pension, remaining amount of three months notice pay after fixing up the petitioner's salary on the post of Dy. Director, arrear of Dy. Director's pay for 19.8.91 and arrear of pension with interest on all the aforesaid @ 24% per annum.

(ii) Directing the respondents to further pay the petitioner compensation for being unnecessarily harassed and for not complying with the Hon'ble Courts orders dated 14.8.92 and 17.10.94.

2. As per facts mentioned in the writ petition, while the petitioner was working on the post of Lecturer; Agriculture Extension Training Centre, Durgapura which is a post equivalent to the post of Assistant Director under the Agriculture Service Rules, he was served with a copy of the order dated 16.8.91 by which he was compulsorily retired under rule 244(2) of the Rajasthan Service Rules, 1951 (hereby referred as the Rules 1951). A copy of this order has been filed as Annex. 1 with the writ petition. The petitioner challenged the aforesaid order before the Rajasthan Civil Services Appellate Tribunal and the Tribunal dismissed the appeal of the petitioner vide order dated 28.12.92. Against this order the petitioner filed writ petition before this court which was decided on 2S L93; Aggrieved by the judgment and order passed by the Tribunal as well as this court the petitioner filed a Special Leave Petition No. 14630-31 of 1995 which is pending before the Hon'ble Supreme Court for final decision, since 16.8.91. Till date the petitioner has not been given the post retiral benefits and he is facing great hardships that is why he has been constrained to file the present writ petition. The pension of the petitioner has also not been fixed, till date and he is being given only provisional pension. He has not been paid the gratuity, commutation of pension and balance amount till date. No chargesheet has ever been issued to the petitioner during his entire service career and even till date no chargesheet either under rule 17 or 16 has been issued to him nor any punishment order has ever been passed against the petitioner. Despite of all these facts, the respondents are not paying the petitioner any pensionary benefits and for one reason or the other the petitioner is facing problem in getting his dues. The petitioner had been directed to be promoted to the post of Dy. Director by the Rajasthan Civil Service Appellate Tribunal order in his earlier appeal on 17.5.91. After the aforesaid decision when the respondent No. 3 did not implement the Tribunal's order dated 17.5.91, the petitioner filed S.B. Civil Writ Petition No. 5491/91 before this Hon'ble Court for getting the orders of the Tribunal implemented. The writ petition was allowed after hearing both the sides on 14.8.92 and the State Government was directed to implement the order of the tribunal within a period of 3 months with cost of Rs. 500/- imposed on .the respondents. By that time the State Government had filed D.B. Civil Writ Petition No. 6750/92 before this Court against the Tribunal's order dated 17.5.91. This writ petition of the State Government was dismissed on 17.10.94 with cost of As. 1000/- imposed on the State Government. The cost awarded by this court has not been paid to the petitioner and the order of the Tribunal giving the petitioner promotion to the post of Dy. Director has not been implemented as yet. Till date the petitioner has not received the salary of the post of Dy. Director and his pension has not been fixed accordingly. A copy of the letter dated 9.11.94 by which request was made by the petitioner to the respondent No. 3 to get the orders implemented,