Ajay Rastogi, J.

Instant intra-court appeal has been preferred against order of the learned Single Judge dated 27.05.2004 directing the appellant to consider case of the respondent employee for grant of pensionary benefits of 32 years of qualifying service which he rendered in accordance with Rules.

2. The brief facts which are necessary & culled out to consider the controversy are that the respondent who is almost a illiterate person initially appointed as class-IV employee in the Municipal Board Jaipur on 31.5.1958 (now the Jaipur Municipal Corporation). He was suffering from Recurrent Efrisodes of Allergic Asthma and was under the regular medical treatment and because of his medical illness he submitted application Annx.1 dated 25.10.1990, it appears to be a typed copy and the blanks have been filled in and he showed his intention that he is working in the cadre of class-IV and because of his old age he is unable to serve and wanted to be relieved from the job and because of the aforesaid reason he has shown his inclination to resign and his application was accepted by the authority vide letter dated 21.12.1990 and the department has shown its concern about the fact that