SBCWP No.1905/04. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1905/2004. Smt.Shanti Devi Dixit Vs. State of Rajasthan & Ors. Date of Order :- November 23, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri O.P. Gandhi for the petitioner. Ms. Priyanka Pareek, Deputy Government Counsel. ****** BY THE COURT:- This writ petition has been filed by the petitioner with the prayer that respondents be directed to sanction her medical leave for the period from May 2002 to January 2003 and grant annual grade increment which was withheld on that count and be further directed to pay interest on delayed payment of Gratuity, Commutation and Pension of six months. The petitioner was serving with the respondents as Teacher Gr.III and she took voluntary retirement from the service on 31/1/2003. It is contended by the learned counsel for petitioner that petitioner has enclosed with her application for grant of leave, medical certificates which have been lost in the office of the Education Department, petitioner cannot be penalized for that reason. Delay occasioned in finalization of her pension case and she was paid retiral dues belatedly. SBCWP No.1905/04. 2 Ms.Priyanka Pareek, learned Deputy Government Counsel has disputed all these facts and referring from para 6 of the reply to the writ petition argued that petitioner was continuously absenting from duties from 1/5/2002 to 31/1/2003 but when she was repeatedly remanded to give the justification vide letters dated 17/2/2003, 10/3/2003, 21/4/2003 and in May 2003 of such absence or produce medical certificate, she did not produce either explanation or medical certificate. Ultimately, on the basis of the letter issued by the Head Master dated 28/4/2003 regarding attendance particulars of the petitioner, the absence period of the petitioner was treated leave without pay for the purpose of finalization of her pension case. Delay in making payment of pension and other terminal dues occasioned for that reason. Learned counsel for the petitioner was pointedly asked as to why petitioner did not response to any of the letters, he could not justify the same nor any rejoinder to reply has been filed. Assertion that petitioner when she submitted an application also accompanied therewith medical certificates and such certificates may have been lost in the office of the Education Department has been denied by the respondents and such an assertion cannot be accepted now in the face of specific plea set up by the respondents that four consecutive letters were addressed to the petitioner on 17/2/2003, 10/3/2003, 21/4/2003 and in May 2003 but petitioner neither SBCWP No.1905/04. 3 appeared in person nor submitted explanation nor submitted medical certificates in support of her absence from duties. That was the reason for which, pension case of the petitioner was delayed which cannot be said to be attributable to the respondents. Respondents have certainly been prevented from finalization pension case of the petitioner within time. I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil