Dismissed

Mohan Lal Gupta Son of Late Shri Mathura Prasad Gupta v. Rajasthan Agriculture Marketing Board

Rajasthan HC3 Aug 2021CW/3894/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for service benefits, gratuity, pension, and increments, claiming a date of appointment in 1979. The single judge held the petition was filed eight years after retirement and dismissed it for delay and laches, refusing to exercise jurisdiction under Article 226.

What the court decided

AI extract

Mohan Lal Gupta Son of Late Shri Mathura… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3894/2021

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Mohan Lal Gupta Son Of Late Shri Mathura Prasad Gupta, Aged About 68 Years, Resident Of 32/122, Sector-3, Pratap Nagar, Tonk Road, Jaipur.

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----Petitioner

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Versus

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Rajasthan Agriculture Marketing Board, Through Its Administrator, Pant Krishi Bhawan, Bahgwan Das Road, Jaipur.

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General Manager (Adminstration), Rajasthan State Agriculture Marketing Board, Pant Krishi Bhawan, Jaipur.

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The State Of Rajasthan, Through Principal Secretary, Agriculture Production, Government Of Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Kuldeep Aswal, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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03/08/2021

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This writ petition has been filed by the petitioner with the

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following prayers:-

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“It is, therefore, most respectfully prayed that Your Lordships may graciously be pleased to allow this writ petition and

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i. by way of writ, order or direction, the respondents may kindly be directed to count the services of the petitioner from the date of initial appointment i.e. 31.12.1979; ii. by way of writ, order or direction, respondents may kindly be directed to give gratuity and leave encashment with interest @ 12% from the date of his initial appointment i.e. 31.12.1979;

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iii. By way of writ, order or direction, the respondents may kindly be directed to give

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(2 of 2)

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[CW-3894/2021]

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the pension with interest @ 12% from the date of initial appointment i.e. 31.12.1979; iv. by way of writ, order or direction, the respondents may kindly be directed to give annual grade increment from Ist July, 2013 to the petitioner;

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v. by way of writ, order or direction, the respondents may kindly be directed to give the Dearness allowance of the year January 2020, July, 2020 and January 2021 to the petitioner.

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vi. by way of writ, order or direction, the respondents may kindly be directed to give 18 and 27 years of benefits to the petitioner.

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vii. Any other appropriate order or direction which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner.

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Viii. Cost of the writ petition may also be awarded to the petitioner.”

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Admittedly, the petitioner has filed this present writ petition after eight years of his retirement.

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In that view of the matter, I am not inclined to exercise the extraordinary jurisdiction of this court under Article 226 of the Constitution of India.

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Hence, this writ petition is dismissed on the ground of delay and laches.

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(INDERJEET SINGH),J

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JYOTI /67

Mohan Lal Gupta Son of Late Shri Mathura Prasad Gupta v. Rajasthan Agriculture Marketing Board

Case brief

What is this about?

What the court decided

Mohan Lal Gupta Son of Late Shri Mathura Prasad Gupta v. Rajasthan Agriculture Marketing Board

Case brief

What is this about?

What the court decided

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