Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA, FARJAND ALI
S. N. Derashri S/o Shri P.r.Derashri – Appellant
Versus
State Of Rajasthan, Through The Secretary, Law And Legal Welfare Department – Respondent
| Table of Content |
|---|
| 1. petitioner's request for pension entitlement. (Para 1 , 2) |
| 2. background and details of petitioner's service. (Para 4) |
| 3. arguments from respondents opposing the petition. (Para 5) |
| 4. legal contentions from petitioner's counsel. (Para 7) |
| 5. opposition from state counsel. (Para 8) |
| 6. court's reflection on the validity of petition. (Para 9 , 10) |
| 7. examination of notifications and rules regarding pension. (Para 12 , 13 , 16 , 18 , 21) |
| 8. statement on compulsory retirement classification. (Para 22) |
| 9. final dismissal of the petition. (Para 23) |
ORDER :
Arun Monga, J.
1. The petitioner, a former Judicial Officer of the Rajasthan Higher Judicial Service, was compulsorily retired from the post of Additional District & Sessions Judge on 13.07.2004, after six years of service, seeks issuance of an appropriate writ directing the respondents to grant him pension with effect from the date of his retirement along with interest. He further seeks directions to count his ten years’ practice as an Advocate prior to joining judicial service towards qualifying service, so that his total service of 10 years (advocacy) + 6 years (judicial service) may be treated as continuous qualifying service
Minimum qualifying service of ten years is necessary for pension eligibility, and previous judgments establishing non-eligibility cannot be relitigated, even with changes in rules.
The court emphasized the necessity of adhering to principles of natural justice in compulsory retirement cases, ruling that arbitrary actions without substantial evidence are impermissible.
The petitioner, having completed 9 years and 8 months of service, is entitled to pension under Rule 40 read with Rule 49(3) of the CCS (Pension) Rules, 1972, and the court interpreted the rules liber....
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
The main legal point established in the judgment is that the order of compulsory retirement is based on the subjective satisfaction of the government, and the court will not interfere with such order....
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
Pension calculation must comply with specific rules; compulsory retirement does not entitle weightage for pension benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
