CW9017/2006 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9017/2006 Ram Kumar Vs. The Indira Gandhi Nahar Project, Jaipur through its Secretary and Others Date of Order ::: 25.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq None for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- This writ petition has been filed by petitioner with prayer that respondents be directed to release his pension and grant him consequential benefits with interest thereon from date on which he became entitled to same. No one has appeared on behalf of petitioner even in second round, therefore, matter was considered on basis of pleadings in petition and reply thereto filed by respondents. Petitioner was initially appointed as Work Supervisor Grade-I with respondent Indira Gandhi Nahar Project (for short, 'IGNP') on 01.01.1977 on provisional basis. He was confirmed in that appointment on 01.07.1979. In July, 1992 petitioner suffered from mental illness and remained absent from 12.07.1992 to CW9017/2006 // 2 // 19.11.1995 from duties. It is contended in writ petition that petitioner had been suffering from mental illness, therefore, he could not attend his duties and was under treatment of various doctors. Executive Engineer of respondent Department had issued a letter for his medical examination on 17.11.1995 and pursuant thereto petitioner appeared before Medical Board, which declared him fit for duties. After joining duties by petitioner, he worked with respondent department up to 05.07.1997. Then he again suffered with same illness and stopped coming on duties. Chief Engineer of IGNP issued him charge-sheet on 19.05.1999 on charge of willful absence. His services were however terminated by disciplinary authority vide order dated 18.02.2000. Aggrieved thereby, petitioner has approached this court. Learned Additional Government Counsel opposed has writ petition and submitted that termination order was passed on 18.02.2000 and writ petition has been filed on 15.11.2006. There has been thus delay of more than six-and- a-half-year. So long as order of removal, unless it is challenged before appropriate forum, petitioner cannot be held entitled to receive any pensionary benefits. It is contended that CW9017/2006 // 3 // petitioner remained willful absent from his duties from 12.07.1992 to 19.11.1995 and thereafter from 06.07.1997 he did not turn up on duties, he cannot be paid pension because he was removed from service. It is therefore prayed that writ petition be dismissed. Considering above noted arguments, submissions of learned Additional Government Counsel and material on record, I find that petitioner was removed vide order dated 18.02.2000 and petitioner did not challenge order of removal before any forum onto law. He has straightaway approached this court with prayer that respondents be directed to grant him pension whereas no such mandamus order can be issued by this court unless order of penalty of removal is declared annulled and is set aside. Another argument to be appreciated is that order of removal was passed on 18.06.2000 whereas writ petition has been filed on 15.11.2006 which is more than six-and-a-half-year after date of removal. Petitioner has not produced on record any document whatsoever to show that he was sick and what treatment was he given and who was doctor of whom he took such treatment. On contrary, respondents have produced on record copy of Medical Board which in its report dated 18.11.1995 certified that petitioner was not CW9017/2006 // 4 // suffering from any such illness. There is thus delay in filing present writ petition of more than six-and-a-half-year. Petitioner has not challenged order of his removal whereas in writ petition in Para 6 thereof he has mentioned about order of removal dated 18.02.2000 and produced a copy thereof on record. Taking into consideration all aforesaid reasons, I do not find any merit in this writ petition and same is dismissed. A copy of this order be endorsed to petitioner for information. (Mohammad Rafiq) J. //Jaiman//