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2022 Supreme(Raj) 83

MAHENDAR KUMAR GOYAL
Phool Chand Kumhar S/o Prabhati Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Abhinav Sharma.

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. This writ petition has been filed seeking a direction for the respondents to release the pension of the petitioner along with interest as well as to quash and set aside the communications dated 8.10.2021 and 20.10.2021 holding them to be unwarranted.

2. The facts in brief are that despite petitioner's retirement from the post of Lecturer (Pate Vetan) in Sanskrit Education w.e.f. 31.10.2020 on attaining the age of superannuation, he has not been paid pension. Vide communications impugned dated 8.10.2021 and 20.10.2021, he has been asked to apply for leave for the period from 4.5.2017 to 3.10.2017 to enable him to get the pension.

3. Learned counsel for the petitioner submitted that in the year 2017, the petitioner was promoted under the Rajasthan Sanskrit Education State and Subordinate Service (School Branch) Rules, 2015 and was directed to join at the new place of posting with warning that in case of failure to join, selection scale would be suspended and action would be taken under point no. 18 under memorandum of Finance dated 31.12.2009. He submitted that the aforesaid action was challenged by him by way of S.B. Civil Writ Petition No. 6504/20

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