[2025:RJ-JD:45121]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12032/2018 Dilip Kumar Nagar S/o Sh. Tikam Lal Ji, Aged About 64 Years, R/

o Nagarwada, District Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Water Resources Department, Govt. Of Rajasthan, Jaipur.

2. The Chief Engineer, Irrigation Department, Rajasthan, Jaipur.

3. The Assistant Director Agriculture, Dpap, Banswara.

4. The Executive Engineer, Irrigation Division, Banswara.

5. The Assistant Engineer, Water Resources Department, Cont. Sub Division, Ghatol District Banswara.

6. The Joint Director, Pension And Pensioners Welfare Department, Banswara.

----Respondents For Petitioner(s) : Mr. Shyam Sunder Paliwal For Respondent(s) : Mr. Mahaveer Prasad Pareek Mr. Maynak Sharma for Ms. Jaya Dadhich HON'BLE MR. JUSTICE FARJAND ALI

Order

14/10/2025

1. The instant writ petition has been preferred on behalf of the petitioner seeking a direction to include and count the period of his previous service, i.e., from 05.06.1975 to 15.06.1978, towards his subsequent service rendered from 16.06.1978 to 30.09.2012, for all purposes including regularization, fixation of pay, grant of compensation, arrears, and all consequential benefits. It has further been prayed that a revised PPO, CPO, and GPO be issued in his favour accordingly.

2. Succinctly stated, the facts of the case are that the petitioner initially served as Junior Engineer (J.En.) in the office of the Assistant Engineer, Water Resources Department, Sub-Division, Ghatol, District Banswara, and retired on 30.09.2012. Prior to that, he was working under the Assistant Director, Agriculture, DPAP, Banswara. Upon obtaining the requisite permission, the petitioner applied for the post of Junior Engineer in the Water Resources Department and was duly selected. Consequently, he moved an application for being relieved from the Department of Agriculture and tendered his resignation on 15.06.1978. As a matter of record, no decision was ever taken by the competent authority on the resignation so tendered by the petitioner. It is trite that unless a resignation is duly accepted in accordance with law, the same has no legal sanctity and cannot operate to the detriment of the incumbent. The grievance raised by the petitioner in the present writ petition is that despite submitting several representations and reminders for inclusion of his previous service period i.e. from 05.06.1975 to 15.06.1978 rendered in the office of the Assistant Director, Agriculture, within his total qualifying service extending from 16.06.1978 to 30.09.2012, for the purpose of all service and retiral benefits, no heed was paid by the respondent departments.

3. I have heard the learned counsel for the parties and perused the material available on record as well as the documents annexed with the writ petition.

4. The record reveals that proof of such representations and communications addressed to the concerned authorities has been duly annexed with the writ petition. It is worthwhile to note that both departments, i.e., the Department of Agriculture and the Department of Water Resources, fall within the domain of the State of Rajasthan.

4.1 Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996 envisages that a resignation shall not entail forfeiture of past service if it has been submitted for the purpose of taking up another appointment, provided the employee has sought and obtained prior permission from the competent authority. For the ease of reference, Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996 is reproduced herein below:-

25. Forfeiture of service on resignation (1) Resignation from a service or a post, entails forfeiture of past service.

(2) A resignation shall not entail forfeiture of past service if it has been submitted totake up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.

(3) Interruption in servi