The High Court dismissed the writ petition, holding that it no longer survives as the petitioner had already received all due retiral benefits. The delay in granting benefits was attributed to the petitioner's misrepresentation and continued salary draw post-voluntary retirement.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
S.B. Civil Writ Petition No.5857/2007
Surendra Pal Singh
Versus
Union of India & Ors.
DATE OF ORDER : 09/01/2014
HON'BLE MR. JUSTICE M.N. BHANDARI
None present for petitioner Mr. Shailesh Prakash Sharma, for respondents
It is stated by learned counsel for respondents that all due retiral benefits have been extended to the petitioner. The delay was due to his misrepresentation and taking salary even after voluntary retirement. To resolve and settle the issue aforesaid, it took some time but then immediately thereafter, all due benefits were extended to the petitioner.
In view of the submission made above and justification of delay given, nothing survives in the writ petition as petitioner has already received all the retiral benefits and none is there to press the writ petition. It is accordingly dismissed.
[M.N.BHANDARI], J.
FRBOHRA/5857CWP2007.doc
Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, SR.P.A.
2 issues framed by the court
Whether the writ petition survives given that the petitioner has already received all retiral benefits after a delay caused by his misrepresentation.
Whether the petitioner is entitled to any further relief regarding retirement benefits.
Surendra Pal Singh
Union of India
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
