Dismissed

Pradeep Singh S/O Late Shri Jaipal Singh v. the Jaipur Development Authority

Rajasthan HC27 Jan 2021CW/760/2021

Case brief

AI extract

What is this about?

The High Court held that Rule 90(b) provides provisional pension only during pendency of proceedings concluding with orders. Since the petitioner was convicted and the rule's purpose was met, pension must stop. Continuation only possible on final appellate verdict.

What did the court decide?

The writ petition seeking continuation of provisional pension was dismissed.

Pradeep Singh S/O Late Shri Jaipal Singh… — Pension and Retirement Benefits | Rajasthan HC (2021)

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(1 of 2)

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[CW-760/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 760/2021

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Pradeep Singh S/o Late Shri Jaipal Singh, Aged About 67 Years, Resident Of H. No. 8288, Near Satkar Shopping Cenrtre, J.d.a Colony, Malviya Ngar, Jaipur, Rajasthan. Retired As Enforcement Officer In Jaipur Development Authority, Jaipur.

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----Petitioner

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Versus

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The Jaipur Development Authority, Through Its Secretary Ram Kishore Vyas Bhawan, Indira Circle, J.l.n. Marg, Jaipur.

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The Additional Commissioner (Administration), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indira Circle, J.l.n. Marg, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Rajesh Mohan Rajkumawat For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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27/01/2021

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Admittedly, the petitioner has been convicted of the offence under the Prevention of Corruption Act by the Court of Special Judge, Anti Corruption Cases vide order dated 09.08.2019 although the sentence may have been suspended by the appellate court, that could not in any manner give the petitioner a ground to claim provisional pension. Rule 90(b) of the Rajasthan Pension Rules of 1996 is reproduced as under:-

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“( b) The provisional pension shall be authorised by the Director, Pension Department, during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.”

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(2 of 2)

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[CW-760/2021]

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The said rule provides only for granting provisional pension during the pendency of the departmental enquiry and the criminal case against a Government servant who has retired while the departmental or criminal case or the judicial proceedings were pending. However, once the judicial proceedings namely the criminal case stands concluded in conviction, in the opinion of this Court, the provisional pension has to be stopped and cannot be allowed to be continued merely because appeal has been preferred against the conviction. This court has already taken a view that if a person is acquitted in a criminal case merely because the State has preferred the appeal against the same, the pension and retiral benefits cannot be withheld. Thus, the natural corollary where a person has been convicted merely because he files an appeal, he would not be entitled for provisional pension and other retiral benefits. The same can be made available to him only on the final verdict of the Appellate Court.

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The writ petition is found to be without merits and the same is accordingly dismissed. The stay application also stand dismissed.

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(SANJEEV PRAKASH SHARMA),J

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NITIN /173

Pradeep Singh S/O Late Shri Jaipal Singh v. the Jaipur Development Authority

Case brief

What is this about?

What did the court decide?

Pradeep Singh S/O Late Shri Jaipal Singh v. the Jaipur Development Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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