Allowed

Smt Rakhi Singh v. State of Raj and Ors.

Rajasthan HC1 Feb 2023CW/10619/2017

Case brief

AI extract

What is this about?

The Writ Bench clarified an interim order preventing release of gratuity to a deceased government employee's wife-nominee, directing release of death-cum-retirement, leave encashment and other benefits within four weeks with interest for delay.

What did the court decide?

Directing the respondents to process and release the death-cum-retirement gratuity and other claimed benefits within four weeks; for delay, respondents to pay interest at 6% pa on the total amount due

Smt Rakhi Singh Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/001191]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.10619/2017

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Smt. Rakhi Singh Wife of Late Shri Rajendra Kumar, aged 43 years and resident of Subhadra Niwas, House No.371, Block-B, Pragati Nagar, Kotra, Ajmer.

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----Petitioner

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Versus

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The State of Rajasthan through the Director & Ex-Officio Joint Secretary, Department of Economics & Statistics, Directorate Yojna Bhawan, Tilak Marg, Jaipur.

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The Chief Medical and Health Officer, Department of Medical & Health, Swasthya Sankul, Near Jawahar Rangmanch, Lohagal Road, Ajmer.

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The District Reproductive & Child Health Officer, Department of Medical & Health, Swasthya Sankul, Near Jawahar Rangmanch, Lohagal Road, Ajmer.

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The Assistant Director, Department of State Insurance & Provident Fund, Ajmer.

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The Director, Department of Pension & Pensioner’s Welfare, Directorate-Rajasthan, Jyoti Nagar, Jaipur.

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Smt.Sita Patharia Wife of Shri Shyam Lal & resident of 1386, Lodha Mohalla, Nasirabad, District Ajmer.

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----Respondents

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For Petitioner(s) : Mr.Harshit Mittal, Adv. For Respondent(s) : Mr.Surendra Meel, Dy. Govt. Counsel. Mr.Prashant Vijay, Adv. for Mr.Rohit Choudhary, Dy. Govt. Counsel.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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01/02/2023

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This writ petition has been filed by the petitioner-wife of the deceased government employee seeking a direction to release benefit of family pension, leave encashment, GPF, State Insurance

(2 of 3)

[2023/RJJP/001191]

[CW-10619/2017]

and death-cum-retirement gratuity, etc. along with interest on the delayed payment.

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Learned counsel for the petitioner submitted that the respondent No.6 is mother in law of the petitioner and she has been arrayed as party respondent in the present writ petition, as she was nominated by late husband of the petitioner for receiving the claims on account of death of government employee.

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Learned counsel for the petitioner submitted that service on respondent No.6 has been effected but she has not chosen to appear before this Court.

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Learned counsel for the petitioner further submitted that during pendency of the writ petition an additional affidavit has been filed on behalf of respondent No.1 and it has been stated in para-2 of the said affidavit that the petitioner has been paid an amount of Rs.19,31,214/- towards death claim of her husband from the Department of State Insurance and Provident Fund. The said affidavit has also annexed the deposit slip dated 09.10.2017 relating to payment of aforesaid amount to the petitioner.

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This Court, on perusal of said affidavit, finds that death-cum-retirement gratuity amount has not been released on account of passing of the interim order dated 12.07.2017 passed by this Court.

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Learned counsel for the petitioner submitted that the petitioner has filed affidavit of respondent No.6 in the present writ petition, wherein she has clearly deposed that the entire payment may be released in favour of the petitioner on account of death of petitioner’s husband.

(3 of 3)

[2023/RJJP/001191]

[CW-10619/2017]

This Court finds that vide interim order dated 12.07.2017, it was directed that the amount of gratuity was not to be released in favour of respondent No.6.

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This Court finds that since the respondents have entertained the claim of the petitioner in respect of other claims on account of death of her husband, there is no reason that amount of gratuity should not be paid to her.

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This Court accordingly clarifies the interim order dated 12.07.2017 and disposes of the present writ petition by directing the respondents to process the claim of the petitioner for releasing the amount of gratuity. The said exercise will be undertaken within a period of four weeks after receipt of certified copy of this order.

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In the event, the respondents would not release the payment of gratuity within four weeks, the respondents will be held liable to pay interest @ 6% p.a. on the total amount due till the actual payment is made to her.

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Accordingly, the present writ petition stands disposed

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of.

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(ASHOK KUMAR GAUR), J

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Himanshu Soni/64

Smt Rakhi Singh v. State of Raj and Ors.

Case brief

What is this about?

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Smt Rakhi Singh v. State of Raj and Ors.

Case brief

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What did the court decide?

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