Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 14262 (RAJ)

SHISHUPAL v. STATE OF RAJ AND ORS

CW/8347/2008 · 2025-03-20

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:12899] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8347/2008 Shishupal S/o Shri Jodh Singh, aged about 59 years, R/o Dhanji Manji Ki Haveli, Sheikhpura Mohalla, Ward No, 27, District Sikar. ----Petitioner Versus 1. State of Rajasthan through Finance Secretary, Finance Department, Rajasthan, Secretariat, Jaipur 2. Rajasthan State Road Transport Corporation through Managing Director, Jaipur 3. The Chief Managing, R.S.R.T.C. Depot, Shrimadhopur, District Sikar. ----Respondent For Petitioner(s) : Mr. Sushil Pujari For Respondent(s) : Mr. Surendra Meel JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. By way of filing this writ petition, a prayer has been made by the petitioner for issuing direction to the respondents to grant him pension, gratuity and selection grade. 2. Counsel for the petitioner submits that after rendering a service of more than twenty years, the petitioner submitted an application seeking voluntary retirement on account of his ill health. Counsel submits that a resignation was tendered by the petitioner on 17.05.2001 under the impression that his voluntary retirement would be accepted. Counsel submits that the resignation tendered by the petitioner was accepted on 29.10.2001 but the retiral dues were not paid to him, hence he approached the office of the respondents for making the due [2025:RJ-JP:12899] (2 of 3) [CW-8347/2008] payment. Counsel submits that vide letter dated 20.08.2002, the petitioner was called upon to furnish certain details with regard to his absence for a particular time during his service. Counsel submits that the petitioner furnished the requisite information in the office of the respondents well within time but instead of passing of considerable time, till date, the retiral dues of the petitioner have not been released, hence under these circumstances, appropriate direction be issued to the respondents in this regard. 3. Per contra, counsel for the respondents opposes the arguments raised by counsel for the petitioner and submits that the petitioner has tendered resignation and the same was accepted and after acceptance of the resignation, the petitioner is not entitled to get any retiral benefits and this petition filed by the petitioner is not maintainable, hence under these circumstances, the same is liable to be rejected. 4. Heard and considered the submission made at Bar and perused the material available on record. 5. Perusal of the record indicates that the petitioner himself tendered resignation before the respondent authorities on 17.05.2001 and the same was accepted by the respondents vide order dated 29.10.2001 under Section 18(D) of the Rajasthan State Road Transport Corporation Workers & Workshop Employees Standing Orders 1965 (for short, ‘the Order of 1965’). 6. As per the Regulation 19 of the Pension Regulation, 1989 after acceptance of the resignation, the past service of the employee stands forfeited. [2025:RJ-JP:12899] (3 of 3) [CW-8347/2008] 7. For ready reference, relevant Regulation 19 is reproduced as under:- “Resignation from the service or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age or failure to pass a prescribed examination entails forfeiture of past service.” 8. Since the petitioner himself tendered resignation and the same has been accepted, his past services stands forfeited in terms of Rule 19-A of the Pension Regulation, 1989, this Court finds no merit and substance in this petition and the same is hereby dismissed. 9. The present writ petition stands dismissed, accordingly. 10. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/112