Dismissed

Gulam Hussain Gauri S/O Nabi Bux Gauri v. State of Rajasthan

Rajasthan HC23 Feb 2021CW/822/2021

Case brief

AI extract

What is this about?

Petitioner sought penalty under Rajasthan Guaranteed Delivery of Public Service Act for delayed pension. Court dismissed writ as incomplete due to failure to prove date of pension paper submission, precluding penalty conclusion.

What did the court decide?

Writ petition dismissed; pending applications disposed of. No penalty imposed due to incomplete facts regarding submission date.

Gulam Hussain Gauri S/O Nabi Bux Gauri Vs… — 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. 822/2021

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Gulam Hussain Gauri S/o Nabi Bux Gauri, Aged About 64 Years, Resident Of 152, Near Madarsa Madina, Ward No. 08, District Churu (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary To The Government, Department Of Education, Secretariat, Jaipur.

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Secretary, Department Of Secondary Education And Second Appeal Officer, Department Education, Group- Ii, Jaipur (Raj.).

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Director Of Education And First Appeal Officer, Secondary Education Department, Bikaner (Raj.).

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District Education Officer (Deo), Secondary Education Department, District Churu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Mahendra Kumar Joshi For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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23/02/2021

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The petitioner by way of this writ petition has prayed for imposing penalty on the respondents as per Section 7 of the Rajasthan Guaranteed Delivery of Public Service Act, 2011 and the Rules of 2011.

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A query was raised to counsel for the petitioner to inform as to on what date the petitioner submitted his pension papers.

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It is noticed that the petitioner retired on 31.5.2016 and the pension were released on 16.12.2016.

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(2 of 2)

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[CW-822/2021]

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In view of the fact that since no information is coming out from the petitioner as to on what date he had applied for pension and submitted his pension papers, this court is unable to reach to the conclusion as to whether penalty should be imposed on the respondents. Even from the representation and appeal filed by the petitioner, there is no fact coming forward as to on date the petitioner submitted his pension papers. The period has to be counted from the date the petitioner submitted his pension papers. The writ petition in fact, being incomplete, no case for imposing penalty on the respondent is made out.

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The writ petition is accordingly dismissed.

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All pending applications shall stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

¶24

NITIN /256

Gulam Hussain Gauri S/O Nabi Bux Gauri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gulam Hussain Gauri S/O Nabi Bux Gauri v. State of Rajasthan

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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