SBCWP NO.8122/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8122/2002. Ramswaroop Vijay Versus State of Rajasthan & Ors. Date of order:- April 10, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amardeep Atwal for the petitioner. Shri Zakir Hussain, Additional Government Counsel. ***** BY THE COURT:- This writ petition has been filed with the prayer to direct the respondents to grant salary for the period 1/8/1994 to 30/4/2000 with further prayer to finalize the pension case of the petitioner and make him payment of all retiral benefits with interest. 2) Respondents have in reply to writ petitoin however come out with the plea that petitioner has concealed the fact that charge sheet for wilfull absence was issued to the petitoner on 17/10/1997 on the allegation that he remained willfully absent continuously from 1/8/1994 onwards. During pendency of the SBCWP NO.8122/02. 2 departmental proceedings, petitioner was informed vide order dated 24/6/2002 that he has been retired and his retiral benefits shall be subject to the final outcome of the departmental enquiry. However, provisional pension has already been sanctioned to the petitioner. It is alleged that when petitioner was transferred from Government Secondary School Bheem Mandi Kota to Government Secondary School Jawad, Jhalawar, he did not comly with the transfer order and remained wilfully absent from duty w.e.f. 4/8/1994 till till 30/4/2000. 3) Learned counsel for the petitioner has rejoined and argued that even after conclusion of the enquiry and the report submitted to the disciplinary authority, the matter has been remanded back to the different enquiry officer in 2007. He submits that petitioner has not been paid provisional pension. 4) Having regard to the facts of the case and keeping in view the nature of allegation, the writ petition is disposed of with direction to the respondents to conclude the departmental proceedings within a period of six months from the date copy of this order is produced before them subject to cooperation by the petitioner. In the meantime, respondents shall continue to pay to the petitioner the provisional pension. (MOHAMMAD RAFIQ), J. anil