The Court directed the respondents to release the petitioner's permanent pension, subsistence allowance, and other retired benefits within one month of the order or to pass a speaking order if he is found ineligible.
Direction to release permanent pension and other service benefits within one month or pass a speaking order if ineligible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO. 4292/2015 (Devi Lal vs. State of Rajasthan & ors.)
Date of Order : : 27.04.2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr. Prateek Surana, for the petitioner.
Nirmaljit Kaur, J. (Oral):
The petitioner was initially appointed as Lower Division Clerk on 26.06.1971. He retired on 30.09.2009 after attaining the age of superannuation. However, the provisional pension was released to him on account of the pendency of the Departmental Enquiry. At that time, no enquiry was pending against the petitioner but a criminal case under Section 13(1)(c),(d) read with Section 13 (2) of the Prevention of Corruption Act and Sections 409, 420, 467 and 120-B IPC was registered against the petitioner. The petitioner stands acquitted vide judgment dated 31.08.2013. Since no Departmental Enquiry was pending against the petitioner, the petitioner submitted a representation on 15.01.2014 to release his permanent pension and all other retiral benefits. Vide letter dated 12.03.2014, the respondent No.4 directed the Additional Chief Engineer, Public Health Engineering Department, Division II, Jodhpur to take further action. An order has also been passed by
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the Chief Engineer (Administration), PHED, Jaipur wherein he has directed for release of subsistence allowance as well as other service benefits. The same has also been sanctioned vide order dated 28.04.2014 by the Superintending Engineer, Jaisalmer Circle. But till date, the said amount has not been released to the petitioner. The petitioner has also submitted representation as well as legal notice to release the said amount but in vain.
In view of the above facts, this Court deems it proper to dispose of the present petition with a direction to the respondents to release the said amount in case the petitioner is found entitled to the same within one month of the receipt of this order. In case the petitioner is not found entitled for the said amount, the appropriate authority shall pass a speaking order to the said effect within the stipulated period and the petitioner will be at liberty to challenge the same before this Court afresh.
(NIRMALJIT KAUR), J.
Anil/33
2 issues framed by the court
Whether the petitioner is entitled to the release of permanent pension and all other retired benefits after being acquitted in the criminal case.
Whether the authorities are directed to release the subsistence allowance and other service benefits pending with them.
2 provisions across 2 enactments
Devi Lal
State of Rajasthan
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
