JUDGMENT
Ashok Parihar, J.
1. The petitioner submitted an application on 19.6.2003 seeking voluntary retirement w.e.f. 1.10.2003. The application was accepted by the competent authority vide order dated 1.9.2003 allowing the petitioner to retire w.e.f. 1.10.2003. In the order dated 1.9.2003 it has clearly been mentioned that no inquiry under the CCA Rules is pending against the petitioner. Since retiral benefits were not paid to the petitioner, after giving a legal notice, the present writ petition has been filed for retiral benefits due in favour of the petitioner.
2. In reply a strange plea has been taken on behalf of the respondents that the petitioner could not be paid retiral benefits because of pendency of departmental inquires against him. It has also been submitted that formal order of dropping the departmental inquiry, initiated under Rule 17 of the CCA Rules, has been passed on 10.2.2005.
3. The order dated 1.9.2003 has been passed under Rule 244(1) of the Rajasthan Service Rules read with Rule 50(1) of the Rajasthan Civil Services Pension Rules of 1996. There is a legal presumption that the competent authority has passed the order of allowing the petitioner to seek voluntary retirement after verifying the entire record. There is no plea on behalf of the respondents that the order dated 1.9.2003 has been passed inadvertently and there is nothing on record that the order dated 1.9.2003 has ever been withdrawn or modified by the competent authority. No further comments are required to be made on the callous manner and approach of the concerning authorities in passing the administrative orders. Be that as it may, the petitioner stood retired from service w.e.f. 1.10.2003 in pursuance to the order dated 1.9.2003 and there is no jurisdiction in denying retiral benefits to the petitioner for the last more than a year.
4. Accordingly, the writ petition is allowed. The respondents are directed to pay all retiral benefits to the petitioner within 30 days from the date of receipt of certified copy of this order. The petitioner shall also be entitled for interest on entire due amount @ 10% from the date the retiral benefits became due till the date it is actually paid. Respondents are further directed to pay a cost of Rs. 20,000/- to the petitioner alongwith the payment, as ordered above.