CW 6804/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6804/06 Abdul Rehman Versus State & Ors. DATE OF ORDER : 19/05/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. G.S. Fauzdar, for petitioner Mr. J.K. Agrawal, Addl. G.A., for State *** Instant petition has been filed by petitioner who is senior citizen with the grievance that despite he retired from service from the post of Teacher Gr.III in the month of March, 1995 on attaining the age of superannuation retiral benefits were not paid to him which was otherwise due and admissible to him. Petitioner joined service as Teacher Gr.III on 3rd August, 1961 and worked upto 8th September, 1973. It has come on record that FIR was registered against him u/s.302/149 IPC in relation to which he was arrested and remained in judicial custody from 8th September, 1973 to 14th July, 1978. Petitioner was finally convicted by the competent court of jurisdiction. However, he was kept under suspension from 8th September, 1973 to 14th July, 1978. Counsel for petitioner submits that very conviction could not be considered to be a penalty which could deprive him of his retiral benefits to which he was otherwise entitled for under the rules atleast for the effective service which he had rendered in the office of respondents. Denial of the same is violative of Articles 14 & 21 of the Constitution. CW 6804/06 [2] Respondents in their reply have admitted this fact that the petitioner rendered effective service from 3rd August, 1961 to September, 1973 and thereafter, from June, 1981 till attaining the age of superannuation i.e. 31st March, 1995 and so also the subsistence allowance paid to him from 8th September, 1973 to 14th July, 1978. It has been further averred by the respondents that the benefits which petitioner is entitled for including retiral benefits from June, 1981 till retirement has been paid to him, but the benefits of service which rendered prior to has not been taken note of while computing qualifying service but why the same has been denied to him. No explanation has come forward. I have considered the submission of both the counsel and perused the material on record. Petitioner rendered effective service from August, 1961 to September, 1973 and so also from June, 1981 to March, 1995, but the total period of service which was rendered by him has not been taken note of by the respondents for release of retiral benefits admissible to him under the Rajasthan Civil Services Pension Rules, 1996. It is also not the case of respondents that any order was passed by them while he was in judicial custody or after he was convicted by the competent court of jurisdiction. In absence of adverse order eitherway being passed by the respondents, in opinion of this court, effective qualifying service rendered by the petitioner certainly has to be computed by the respondents for the purpose of release of retiral benefits to him admissible under the Rules, 1996. CW 6804/06 [3] As regards service which petitioner rendered under suspension for which subsistence allowance was paid to him i.e. 8th September, 1973 to 14th July, 1978, in opinion of this court, cannot be considered to be qualifying service since for the said period undisputedly he was in judicial custody, the same cannot be considered for the aforesaid reason. Accordingly, the writ petition stands allowed. Respondents are directed to take note of effective qualifying service rendered by petitioner from 3rd August, 1961 to 8th September, 1973 and after 9th June, 1981 to 31st March, 1995 and taking note thereof, the retiral benefits be computed and the same be paid to him under the relevant rules After its due computation, arrears be also paid to him within three months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA6804CW2006 19-5.doc