Allowed

Jugal Kishore v. State of Raj and Ors.

Rajasthan HC10 Jan 2014CW/10066/2009

Case brief

AI extract

What is this about?

The single-judge court allowed a writ petition directed to grant retiral benefits. It held that the petitioner's denial of certain benefits was illegal after his acquittal, directing him to receive leave encashment and interest at 9% per annum, even though some benefits like gratuity were barred due to pending appeal.

What did the court decide?

Petitioner entitled to leave encashment and other benefits (except gratuity barred by Rule 90 RSR); delayed payment to carry 9% interest; pay fixation per Revised Pay Scale.

Jugal Kishore Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2014)

¶1

S.B. CIVIL WRIT PETITION NO.10066/2009 (Jugal Kishore Dave Vs. State of Rajasthan & Ors.)

¶2

¶3

IN THE HIGH COURT OF JUDUCATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

¶4

S.B. CIVIL WRIT PETITION NO.10066/2009

¶5

(Jugal Kishore Dave Vs. State of Rajasthan & Ors.)

¶6

Date of Order : 10^th January, 2014

¶7

HON'BLE MR. JUSTICE M.N.BHANDARI

¶8

Mr.Virendra Dave, for the petitioner/s. Mr.Hemant Mathur, Dy.GC - for the respondent/s.

¶9

By the Court:

¶10

The petitioner is aggrieved by denial of retiral benefits so as the pay fixation. It was precisely due to pendency of criminal case. The petitioner has already been acquitted therein, thus denial of all the retiral benefits and fixation of pay is illegal. Accordingly, necessary benefits be given with interest for the delayed payment.

¶11

Learned counsel for the respondent/s submits that denial of benefits was due to pendency of criminal case. The petitioner has been acquitted in criminal case but an appeal is pending. In view of above, denial of benefit is not unjustified. The benefit of pay fixation has already been made with due benefits.

¶12

I have considered the submissions made by learned counsel for the parties and perused the record.

¶13

The petitioner was denied retiral benefits due to pendency of criminal case, though he has already been acquitted therein. The pending appeal can be a ground to deny benefit of gratuity and commuted pension. The petitioner was entitled to the provisional pension even during pendency of criminal case, which has been granted to him. The denial of benefit of leave encashment is not proper. The pay

¶14

S.B. CIVIL WRIT PETITION NO.10066/2009 (Jugal Kishore Dave Vs. State of Rajasthan & Ors.)

¶15

¶16

fixation has not been made in favour of the petitioner, though stated in reply.

¶17

Accordingly, the writ petition is disposed of with the following

¶18

directions:

¶19

(i) The petitioner would be entitled for the benefit of leave encashment and other benefits other than the benefit of gratuity and barred by Rule 90 of RSR.

¶20

(ii) The delayed payment will carry interest at the rate of 9 per cent per annum. The petitioner would also be entitled to the benefit of fixation pursuant to Revised Pay Scale, if the same has not yet been extended to him. If the benefit is not given, the petitioner's pay would be fixed in the Revised Pay Scale and thereupon benefits would be extended as directed in para No.1 above.

¶21

(iii) The respondent/s would further consider the case of petitioner for treatment to the period of suspension in accordance to the Rules, if no decision has been taken on it.

¶22

(iv) Compliance of the directions aforesaid may be made by

¶23

the respondents within a period of three months from the

¶24

date of receipt of copy of this order.

¶25

(M.N. BHANDARI), J.

¶26

S/No.1 Preety, Jr.P.A

¶27

S.B. CIVIL WRIT PETITION NO.10066/2009 (Jugal Kishore Dave Vs. State of Rajasthan & Ors.)

¶28

¶29

All corrections made in the judgment/order have been incorporated in the

¶30

judgment/order being emailed.

¶31

Preety Asopa Jr.P.A.

Jugal Kishore v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Jugal Kishore v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ratan Kumar Rana Vs R P S C Ajmer and Anr.

Surendra Pal Singh Vs U O I and Ors.

Gopal Ram Vs State Education Departmentors

Sumer Chand Jain Vs State of Raj and Ors.

Govind Purohit Vs Bank of Inida and Ors.

Mohan Lal Saini Vs State of Raj and Anr.