CWP 4656/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4656/2008 Dr. Shyam Singh Kachawaha Versus State. Date of Order ::: 20/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Gupta, for petitioner Instant petition has been filed by petitioner who was holding post of medical Officer on attaining age of superannuation on 30/04/07 as is evident from order dt.10/04/07 (Ann.28) with the grievance that his period of over-stay from 08/08/90 to 25/06/93 which has been treated as dies-non as conveyed by respondents vide letter dt.22/06/05 (Ann.20) duly approved by State Government vide order dt.27/07/05 (Ann.21), is not sustainable and in addition to it, Counsel submits that even after he reported back on duty on 26/06/93 he was not paid his due salary from 26/06/93 to 30/06/95 except minimum pay on account of non-fixation of his pay while he worked as Junior Specialist (Surg.) as a result whereof, he has been deprived of his pension , to which he was otherwise entitled for under Rules. As regards order passed by respondents in respect of period from 08/08/90 to 25/06/93 having been treated as dies-non for his over-stay, it appears from the record that petitioner was on CWP 4656/08 //2// deputation with Government of Iran and was supposed to report back on 08/08/90 but failed to do so; as such period for which he did not report back on duty even after expiry of the period of deputation which has been treated as dies-non without causing break in service, duly approved by Central Government vide order dt.22/06/05 (Ann.20) and by State Government vide order dt.22/07/05 (Ann.21) and conveyed to petitioner. Petitioner has failed to justify before the authority and this Court also does not find any error in treating the said period as dies-non. However, as regards grievance raised by petitioner in respect of salary for the period from 26/06/93 to 30/06/95 and on account of non- fixation of pay, that must have affected him in proper computation of retiral dues, this Court directs him to make fresh representation within one month, which shall be considered by the authority in accordance with law within two months of submission thereof and communicate its decision to him, and if he still feels aggrieved, will be free to avail remedy under law. With the directions (supra), writ petition stands disposed of. (Ajay Rastogi), J. K.Khatri/p2/4656CW08rep-2005.doc