CWP 1131/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1131/2006 Dharamvir Singh Versus State & (4) Ors. Date of Order ::: 11/11/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Uma Shankar Pandey, for petitioner Mr. JK Agrawal Addl. Govt. Advocate Instant petition has been filed seeking release of dues payable to the petitioner as admissible under law with regard to services which he rendered as Teacher in the office of respondents from 14/07/1984 to 28/02/1994. Petitioner was initially appointed as Teacher on 14/07/1984 and was confirmed on 26/09/87. It appears from the record that while he was in service of Government of Rajasthan, he was selected in State of Haryana as evident from of appointment order dt.24/02/94; and as alleged, he resigned on 28/02/1994. Counsel for petitioner inter-alia submits that petitioner is atleast entitled for benefits which are due & admissible to him under law for the period of service which he rendered from 14/07/1984 to 28/02/1994 in the office of respondents. Respondents have filed reply to writ petition, wherein it has been inter-alia averred CWP 1131/06 //2// that petitioner never tendered his resignation and without being relieved from the Office, he joined service in other State which dis-entitles him to claim any service benefits even if admissible under law for his services rendered in the State of Rajasthan. It is not the case of respondents that after the petitioner has joined service in State of Haryana, notice of any disciplinary action was served upon him or that he failed to report for duty despite any notice after 28/02/1994. Petitioner indisputably rendered services as Teacher in the Government of Rajasthan for the period from 14/07/1984 to 28/02/1994, for which admissible terminal benefits have not been paid till date despite legal notice served upon respondents. Merely because there is no letter of acceptance of resignation or order relieving him from services of Govt. of Rajasthan, that does not disentitle him from his legitimate right to claim service benefits for the period of services rendered by him including salary if not paid as yet. Consequently, writ petition succeeds and and is allowed. Respondents are directed to make payment of service benefits admissible to petitioner under law for the period of effective CWP 1131/06 //3// services rendered by him from 14/07/1984 to 28/02/1994, alongwith interest @9% per annum from the date of its accrual till actual payment. Compliance be made within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/1131CW06-1111.doc