SBCWP NO.1491/1996 – BHAG CHAND SHARMA V/S STATE OF RAJASTHAN AND ORS. - ORDER DTD.15.9.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.1491/1996 Bhag Chand Sharma versus The State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.P.P.Choudhary, for the petitioner. Mr.Sunil Ranwa on behalf of Mr.Ravi Bhansali, for the respondents. DATE OF ORDER : 15th September, 2008. JUDGMENT 1. By this writ petition filed on 6.5.1996, the petitioner has challenged initiation of departmental enquiry against him. However, during the pendency of this writ petition by the order dtd.21.1.1997 (Ex.P6) filed by the additional affidavit bringing on record the subsequent development, the petitioner was found guilty of the charges levelled against him. SBCWP NO.1491/1996 – BHAG CHAND SHARMA V/S STATE OF RAJASTHAN AND ORS. - ORDER DTD.15.9.2008 2/3 However, in view of retirement of the petitioner we.f. 30.11.1995, the disciplinary authority in the impugned order taking a lenient view stated that for the period from 3.7.1994 to 16.11.1995, if the petitioner applies for leave, the same may be sanctioned as extraordinary leave, otherwise this period may be treated as break in service. 2. The learned counsel for the petitioner also points out that in view of pendency of this writ petition, the respondents have also stopped the provisional pension of the petitioner vide order Ex.P/7 dated 19.2.1998. 3. Having heard the learned counsel, this Court is of the opinion that since the subsequent order dated 21.1.1997 is not challened in the present writ petition, the petitioner if aggrieved by the said order is free to challenge the same in separate proceedings before the Appellate Authority or after the Appellate Authority before this Court. However, subject to said order, the retiral benefits like entire pension and other benefits like pay fixation etc. except for the period SBCWP NO.1491/1996 – BHAG CHAND SHARMA V/S STATE OF RAJASTHAN AND ORS. - ORDER DTD.15.9.2008 3/3 from 13.7.1994 to 16.11.1995 deserves to be granted to the petitioner. The provisional pension was also being given to the petiioner, which was however stopped by the respondents. 4. Accordingly, this writ petition is disposed of with the aforesaid liberty to the petitioner and with further directions to the respondents to consider the case of the petitioner for grant of retiral benefits in the form of pension including pay fixation etc. except for the period from 13.7.1994 to 16.11.1995 which was directed to be treated as extraordinary leave or if the petitioner does not apply for such extraordinary leave, then break in service. Except this period, consequential benefits due to the petitioner upon his retirement on 30.11.1995 deserve to be granted to the petitioner and the same may be granted within a period of three months from today, failing which the arrears of such retiral benefits would bear interest @9% p.a. 5. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.s-4 Ss/-