SBCWP NO.2095/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2095/2002. Nand Ram Vs. State of Rajasthan & Ors. Date of order:- January 16, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amardeep Tiwari for the petitioner. Shri Hemant Gupta, Deputy Government Counsel. **** BY THE COURT:- This writ petition has been filed with the prayer that the respondents be directed to count the period of service w.e.f. 10/8/1961 to 20/11/1981 for the purpose of grant of gratuity and accordingly issue order of gratuity. This case was heard by this Court on 19/11/2008 on which date, respondent disputed the assertion of the petitioner that he was acquitted by the court of law. Petitioner was initially appointed on the post of Teacher in Panchayat Samiti, Kotkasim and worked on the said post continuously from 10/8/1961 to 22/5/1973 and thereafter he was placed under suspension on 22/5/1973 and remained under suspension till 11/2/1976. His suspension order was then revoked SBCWP NO.2095/02. 2 because he was acquitted by the court. It has been contended that petitioner then approached the Block Development Officer Panchayat Samiti Kotkasim to join his duties. Then, he approached the Commissioner, Community Development and Panchayat Department and due to his intervention, he was given fresh appointment in 1981 vide order dated 31/10/1981 (Ann.1). Petitioner made number of representations to count his earlier period of service for pension but nothing was done. The Government vide letter dated 21/6/2000 asked respondent No.3, the Block Elementary Education Officer, Panchayat Samiti Kotkasim District Alwar to submit details about the petitioner’s past service. Petitioner on 30/6/2000 retired on attaining the age of superannuation but still he was not given the benefit of the aforesaid period of service. Respondents in reply to the writ petition have disputed that petitioner continuously worked from 10/8/1961 to 22/5/1973. In fact, he was arrested on 22/5/1973 on the charge of murder and various other offences and was therefore placed under suspension. They have denied that petitioner was acquitted vide order dated 11/2/1976. It has been asserted that petitioner has suppressed the material fact from this Court regarding criminal case and charges for which he was tried and that in fact he was convicted and sentenced. It is also contended that by which order he was acquitted and by which order of the court, no such SBCWP NO.2095/02. 3 judgment has been placed on record. Their assertion is that the petitioner deliberately concealed all these facts because he actually was convicted for offence under Section 302 read with Section 149 IPC and sentenced to undergo for life imprisonment. Additionally, he was convicted for offence under Section 364 IPC with sentence of 1 year and further convicted under Section 342 IPC and sentenced for six months imprisonment on 17/12/1973. The matter was heard on 5/1/2009 on which date, last opportunity was given to produce acquittal order. Inspite of the aforesaid order passed by the court requiring the petitioner to produce acquittal order, petitioner has failed to produce any such order. For this reason, the respondents are justified in maintaining that petitioner has approached this court concealing the fact that actually he was convicted and was never acquitted. In the facts of the case aforesaid, I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil