Disposed

Munni Devi W/O Late Sh. Dhirendra Singh Mother of Late Sh. Girriaj Singh Rajawat v. Jaipur Vidyut Vitran Nigam Limited

Rajasthan HC18 Mar 2024CW/2518/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition seeking salary deduction for a mother-in-law of a compassionate appointee. The parties reached an amicable settlement, leading the Court to direct the employer to divert one-third of the employee's emoluments to the petitioner.

What did the court decide?

Direct the respondent-employer to release one-third of the emoluments payable to private respondent no.5 in favour of the petitioner every month.

Munni Devi W/O Late Sh. Dhirendra Singh… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[CW-2518/2024]

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(1 of 3)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2518/2024

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Munni Devi W/o Late Sh. Dhirendra Singh Mother Of Late Sh. Girriaj Singh Rajawat, aged about 54 years, presently resided C/o Ghanshyam Lal Jangid, in front of Khandelwal Dharmshala, Jaipur Road Gangapur City, Sawai Madhopur

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----Petitioner

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Versus

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Jaipur Vidyut Vitran Nigam Limited through its Managing Director, Vidyut Bhawan, Jyoti Nagar, Jaipur

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Secretary (Admn.), Jaipur Vidyut Vitran Nigam Ltd., Vidyut Bhawan, Jyoti Nagar, Jaipur

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Executive Engineer (O& M), Jaipur Discom, Jaipur Vidyut Vitran Nigam Ltd. Bassi, Jaipur

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The Assistant Engineer (O & M), Jaipur Vidyut Vitran Nigam Ltd., Kanota, Jaipur

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Smt. Minky Rajawat wife of Late Sh. Girraj Singh Rajawat, aged about 37 years, working as Commercial Assistant-II in the office of A.En, Jaipur Discom. Jaipur Vidyut Vitran Nigam Ltd., Kanota, Jaipur

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----Respondent

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For Petitioner(s) : Mr. M.S. Raghav For Respondent(s) : Mr. Tanveer Ahmed Mr. Sagar Jindal

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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18/03/2024

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The instant petition is filed with the following prayers:“i) By appropriate writ, order or direction, direct the respondents to strict complied with the Rule 5(2) of Rules, 1996 and further, direct to release 50% of amount out of salary of private respondent to petitioner.

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ii) By appropriate writ, order or direction, direct the respondents to issue/sanction an order of equal share from Group Insurance Funds, A.F.P.P Fund standing in the credit of the deceased, Death cum Gratuity benefits, on the death of the deceased son, both upon the petitioner and the widow.

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iii) By appropriate writ, order or direction, direct the respondents after calculation of share of petitioners

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(2 of 3) [CW-2518/2024]

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the same may kindly be disburse in favour of the petitioners without create any hindrance. iv) Any other appropriate writ, order, or direction which this Hon’ble Court may deems think fit and proper be pass in favour of the petitioner. v) Costs of the writ petition may kindly be awarded in favour of the petitioners.”

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At the outset, it is noted that by way of the instant petition, the mother-in-law of the private respondent no.5, has approached this Court, seeking directions against the private respondent i.e. daughter-in-law, for payment of her salary to the petitioner, as the private respondent has been given the benefit of compassionate appointment, pursuant to the death of her husband i.e. son of the petitioner and the petitioner, as on date, is facing financial hardship.

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On previous occasions, the parties present before the Court, had show signs of a plausible mediation/settlement.

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Today, during the course of arguments, both the sides have submitted that the parties have arrived at an amicable settlement, whereby it is agreed upon that the emoluments which are paid to the respondent no.5, to an extent of 1/3rd of the amount, shall be forwarded to the petitioner Smt. Munni Devi, straight away by the respondent-employer/Department, before the salary is released in favour of the respondent no.5.

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Accordingly, in light of the aforesaid amicable settlement, this Court deems it appropriate to direct the respondentemployer/Department to release 1/3rd amount of the emoluments payable to the private respondent no.5, in favour of the petitioner, every month, prior to the salary being released in favour of the private respondent no.5.

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In terms of the aforesaid, the instant petition is disposed of.

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[CW-2518/2024]

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(3 of 3)

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Pending applications, if any, stand disposed of.

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(SAMEER JAIN),J

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ANIL SHARMA /430

Munni Devi W/O Late Sh. Dhirendra Singh Mother of Late Sh. Girriaj Singh Rajawat v. Jaipur Vidyut Vitran Nigam Limited

Case brief

What is this about?

What did the court decide?

Munni Devi W/O Late Sh. Dhirendra Singh Mother of Late Sh. Girriaj Singh Rajawat v. Jaipur Vidyut Vitran Nigam Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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