Allowed

Prem Narayan Sharma v. the State of Rajasthan

Rajasthan HC7 Nov 2023CW/2050/2020

Case brief

AI extract

What is this about?

This order grants a writ petition seeking pension and gratuity benefits. The single-judge bench, relying on a coordinate bench judgment (Jai Prakash), allowed the petition and directed the respondents to calculate service from the date of initial appointment.

What did the court decide?

Petition allowed; Respondents directed to calculate qualifying service and grant consequential pension and gratuity benefits from the date of initial appointment of the retired petitioner.

Prem Narayan Sharma Vs the State of… — Pension and Retirement Benefits | Rajasthan HC (2023)

(1 of 2)

[2023:RJ-JD:38235]

[CW-2050/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2050/2020

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Prem Narayan Sharma S/o Laxminarayan Sharma, Aged About 67 Years, Resident Of Care Of Shri Nandlal Kela, Kela Pada, Jaisalmer.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Pension And Pensioners Welfare Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Director (Secondary Education), Department Of Education, Government Of Rajasthan, DirectorateBikaner.

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The Joint Director (School Education), Jodhpur Division, Government Of Rajasthan, Jodhpur.

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The Joint Director, Pension And Pensioners Welfare Department, Government Of Rajasthan, Jodhpur.

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The District Education Officer-Headquarters (Secondary Education), Department Of Education, Government Of Rajasthan, Jaisalmer.

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----Respondents

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For Petitioner(s) : Mr. Vineet Dave. For Respondent(s) : Mr. Ravi Panwar.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/11/2023

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It is submitted by learned counsel for the parties that the issue raised in the present writ petition is squarely covered by order in Jai Prakash Vs. State of Rajasthan & Ors.: SBCWP No.3629/2018 & other connected matter, decided on 22.03.2022

[2023:RJ-JD:38235]

[CW-2050/2020]

(2 of 2)

and, therefore, the present writ petition may also be decided in light of and with similar directions, as given in the case of Jai Prakash (supra).

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In the case of Jai Prakash, a Coordinate Bench of this Court inter-alia came to the following conclusion:-

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“In view of the ratio as laid down in the case of Keshrimal Soni and Shree Gopal Gaur (supra), and the observations made herein above, this Court is of the opinion that the petitioners who have retired are entitled for calculation of their pension and gratuity benefits from the date of initial appointment in service.

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In view of the same, so far as the following 14 petitioners who have since retired, their writ petitions are partly allowed. The respondents are directed to take into consideration the initial date of appointment of the 14 retired petitioners for the purpose of calculating their qualifying service and grant them consequential benefits qua pension and gratuity in accordance with law.”

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In that view of the matter, the petition filed by the petitioner is also allowed in light of and with similar directions as given in the case of Jai Prakash (supra).

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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259-Sudheer/-

Prem Narayan Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prem Narayan Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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