Judgment

KULDEEP MATHUR, J.

1. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“It is, therefore, most humbly and kindly prayed that this writ petition may kindly be allowed and, by an appropriate writ, order or direction:

(i) The order dated 13.12.2023 (Annexure-26) passed by the Rajasthan Civil Services Appellate Tribunal, Jodhpur in Appeal No.75/2019 may kindly be quashed and set aside.

(ii) The order dated 27.02.2025 (Annexure-27) passed by the Rajasthan Civil Services Appellate Tribunal, Jodhpur Bench, Jodhpur in Review Petition No.2/2025 may kindly be quashed and set aside. (iii) The order dated 25.02.2020 (Annexure-5) issued by respondent No.2 may kindly be quashed and set aside.

(iv) The order dated 10.12.2021 (Annexure-15) issued by respondent No.1 may kindly be quashed and set aside.

(v) The order dated 13.07.2020 (Annexure-22) issued by respondent No.2 may kindly be quashed and set aside.

(vi) The voluntary retirement application dated 07.10.2019 may kindly be ordered to be deemed to have been allowed and the petitioner may kindly be granted all consequential benefits.

(vii) Any other order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. The facts of the case, as narrated in the writ petition, are that the petitioner was appointed to the post of Lower Division Clerk (LDC) on compassionate basis under the Compassionate Appointment Rules, 1996, vide order dated 09.10.2002 (Annexure-1). He was initially posted in the office of the Assistant Director, Prosecution, Jalore. Pursuant thereto, vide order dated 16.10.2002 (Annexure-2), the petitioner was posted in the office of APP-II Class, JM Court, Raniwara. It is the case of the petitioner that, owing to adverse domestic circumstances and the ill-health of himself as well as his aged mother, he could not continue to attend his duties. The petitioner is stated to have remained absent from duty from 26.07.2013 to 18.12.2016 and thereafter from 31.12.2016 onwards.

3. On 07.10.2019 (Annexure-4), the petitioner submitted an application before respondent No.2 seeking voluntary retirement with immediate effect on account of the adverse circumstances prevailing in his family and his own ill-health. The application seeking voluntary retirement however was rejected vide letter dated 05.09.2019.The respondents thereafter, taking note of the petitioner’s prolonged absence from proceeded under Rule 86(4) of the Rajasthan Service Rules, 1951 (hereinafter referred to as ‘the Rules of 1951’), read with the Finance Department (Rules Division) Circular dated 12.01.2017. The competent authority, accordingly, passed an order dated 25.02.2020 (Annexure-5), whereby the petitioner was deemed to have resigned from Government service.

4. Aggrieved by the aforesaid order, the petitioner submitted a detailed representation dated 19.06.2020 (Annexure-6), seeking, inter alia, quashing and setting aside of the order dated 25.02.2020 (Annexure-5), followed by a reminder dated 25.06.2020 (Annexure-7). The petitioner thereafter preferred an appeal dated 25.09.2020 (Annexure-8) before respondent No.1 and submitted a further reminder dated 26.02.2021 (Annexure-9). As the appeal remained pending consideration, the petitioner approached this Court by way of S.B. Civil Writ Petition No.7345/2021, which came to be disposed of vide order dated 08.07.2021 (Annexure-10), directing the respondents to decide the pending appeal.

Pursuant to the aforesaid direction, the petitioner was called for personal hearing on 30.09.2021 vide letter dated 24.09.2021 (Annexure-11). He was thereafter again called for personal hearing on 20.10.2021 vide letter dated 06.10.2021 (Annexure- 12). The petitioner appeared before the appellate authority and was verbally directed to furnish the relevant documents. In compliance thereof, the petitioner su