1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1855/2002. : : Satya Narain Soni Vs. State of Rajasthan & Anr. : : Date of Order 4.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Rajendra Vaish for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed against the order dated 9.8.2000 to the extent that the appropriate Government declined to make reference with regard to removal of petitioner vide termination order dated 30.9.1998. Learned counsel for the petitioner has submitted that during the conciliation proceedings the Conciliation Officer made efforts and pursuant to such efforts, it was required that petitioner should go back to respondent No.2. Even though the petitioner went to resume his duties but the respondent No.2 declined to accept himand the 2 Conciliation Officer in his failure report misconstrued this fact. In the order of reference, appropriate Government has not mentioned in respect of illegal termination of the petitioner and also not mentioned the relief for consequential benefits, therefore, his grievance about termination was still no remedied. The Appropriate Government has made reference by the impugned order only on issue whether salary of the petitioner at the time of removal was Rs.3000/- and if so, whether the petitioner was entitled to receive the amount of gratuity and other benefits. Learned counsel for the petitioner submitted that proceedings are still going on before Labour Court at the stage of evidence of the petitioner. It is argued that even in terms of reference removal was required to be mentioned and no reference whatsoever has been made on that aspect. The respondents although have not filed any reply to the writ petition. Learned Additional Government Counsel is not in position to justify why terms of reference in respect of termination was not made. 3 Having regard to the facts of the case, this writ petition is allowed with direction to appropriate Government to pass necessary order by suitably amending the terms of reference so as to include the question with regard to validity of removal of the petitioner. Compliance of this judgment be made within three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.34.