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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Gopal Sharma S/o Shri Rampal Sharma – Appellant
Versus
State of Rajasthan through Secretary, the Public Works Department – Respondent
| Table of Content |
|---|
| 1. petitioner's claims based on past employment. (Para 1 , 2 , 3) |
| 2. arguments for pension based on non-termination. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. respondents' defense relies on abandonment. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's findings on service abandonment and record loss. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. petition dismissed; procedural integrity emphasized. (Para 24 , 26) |
JUDGMENT :
Anand Sharma, J.
1. The petitioner has approached this Court under Article 226 of the Constitution of India seeking issuance of writ of mandamus directing the respondents to grant him pension and retiral benefits.
2. Briefly stated the facts are that the petitioner was appointed on the post of Lower Division Clerk (LDC) as a substantive employee of the Government of Rajasthan on 20.08.1973. He rendered continuous service from the year 1973 to 1987, till he was transferred vide order dated 14.07.1987. The petitioner has not placed on record any document to show that he reported back for duty thereafter or marked attendance anywhere, or even raised any grievance before the departmental authorities by making a representation. For more than two decades following 1987, the petiti
The absence of a formal termination does not negate voluntary abandonment of service; pension eligibility requires minimum qualifying service as per the rules at the time of cessation of service.
Entitlement to pension benefits is governed by the conditions specified in the Tamil Nadu Pension Rules, and abandonment of service may disqualify an individual from receiving pension benefits.
The entitlement to pension and retirement benefits is a rightful due upon rendering the required length of service, and the authorities' inaction in regularizing a break in service cannot justify den....
Termination of service without due process is illegal; absence should be treated as resignation, not termination.
(1) Pension – Entitlement to get pension must be fulfilled by concerned employee.(2) Voluntary abandonment of service is distinct from voluntary retirement.
The court emphasized the importance of timely redressal of grievances and the plain and unambiguous interpretation of statutory provisions.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
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