Honble CHAUHAN, J.–Shri Hemant Choudhary was directed to take notice on behalf of the respondent department and he was served copy of the petition and learned counsel for the parties were heard.

(2). The instant writ petition has been filed against the order dated 12.5.2000 passed by the Rajasthan Civil Service Appellate Tribunal by which the order of compulsory retirement dated 1.12.1997 has been set aside but back-wages had not been given.

(3). The facts and circumstances giving rise to this case are that present petitioner was a Patwari in the Colonisation Department and he had been compulsorily retired vide order dated 1.12.1997. The said order was challenged before the Tribunal only on the ground that the order dated 1.12.1997 compulsorily retiring the petitioner-appellant was passed under the provisions of Rule 244(2) of the Rajasthan Service Rules, 1951 (hereinafter referred to as `the Rules of 1951) though the said Rules had been repelled by the Rajasthan Civil Service (Pension) Rules, 1996 (hereinafter referred to as `the Rules of 1996) and as the order dated 1.12.1997 had been passed giving reference to the Old Rules, the order of compulsory retirement was bad and was quas

Click Here to Read the rest of this document