Disposed

Tara Chand S/O Tampu v. the Commissioner

Rajasthan HC29 Nov 2022CW/11619/2022

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What is this about?

This order disposed of a writ petition concerning the payment of outstanding retirement benefits. Relying on a prior direction, the Court allowed the claim but modified the commencement date of the instalments from January 1, 2022, to December 1, 2022.

What did the court decide?

The writ petition disposed of by applying the direction regarding outstanding retirement benefits with modified commencement date.

Tara Chand S/O Tampu Vs the Commissioner — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11619/2022

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Tara Chand S/o Tampu, Aged About 62 Years, R/o Meem Chowki, Harizan Basti, City Sawai Madhopur, Rajasthan.

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----Petitioner

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Versus

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The Commissioner, Municipal Council, Sawai Madhopur, Rajasthan.

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The Chairman, Municipal Council, Sawai Madhopur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Indrajeet Chaudhary For Respondent(s) : Mr. Nitin Sinsinwar

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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29/11/2022

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The matter comes up on an application no.1/2022 filed by the petitioner seeking disposal of the writ petition in the light of order dated 20.12.2021 passed by this Court in S.B. Civil Writ Petition No.13653/2020: Babu Khan Vs. State of Rajasthan & Ors .

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Learned counsel for the petitioner submits that he has not been been paid full retiral benefits and the respondents may be directed to pay the same in terms of direction dated 20.12.2021 passed by this Court in case of Babu Khan .

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Learned counsel for the respondent did not dispute the aforesaid proposition and submits that retiral benefits would be paid to the petitioner in terms of direction of this Court in case of

Babu Khan .

(2 of 2)

[CW-11619/2022]

In case of Babu Khan , relying upon an order dated 26.05.2020 passed in S.B. Civil Writ Petition No.21349/2019: Prakash Vs. State of Rajasthan & Ors. , following direction was

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issued:-

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“Taking into consideration the contentions advanced by learned counsel for the petitioner and direction of this Court dated 26.05.2020 in case of Prakash (supra), this writ petition is allowed in terms that the respondents shall make the outstanding payment to the petitioner alongwith interest @ 9% per annum as provided under the Rajasthan Civil Services (Pension) Rules, 1996 within three equal monthly installments commencing from 01.01.2022.”

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In view of the submissions made by learned counsels for the respective parties, the application deserves to be allowed.

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The application is allowed accordingly. The writ petition is disposed of in terms of direction dated 20.12.2021 passed by this Court in case of Babu Khan (supra) which shall apply mutatis mutandis to this case also; however, with modification that the instalment would commence from 01.12.2022.

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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/21

Tara Chand S/O Tampu v. the Commissioner

Case brief

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Tara Chand S/O Tampu v. the Commissioner

Case brief

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