Allowed

Mohan Lal v. the State of Rajasthan

Rajasthan HC22 Jul 2024CW/4401/2024

Case brief

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What is this about?

A retired cook argued he was denied 7th Pay Commission benefits and retirement dues. The court noted the department was processing payments and directed authorities to fix pay, calculate all arrears and benefits, and pay interest on delayed gratuity by 31.10.2024.

What did the court decide?

Directing respondents to fix pay as per 7th Pay Commission, pay arrears and retirement benefits by 31.10.2024, and pay interest on delayed gratuity.

Mohan Lal Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:30049]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4401/2024

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Mohan Lal S/o Shri Kanhiya Lal, Aged About 63 Years, R/oVillage And Post Peelwa, Tehsil - Dechu, District - Jodhpur (Rajasthan).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Sainik Kalyan Vibhag, Secretariat, Rajasthan, Jaipur.

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The Director, Sainik Kalyan Vibhag, Secretariat, Rajasthan, Jaipur.

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The District Sainik Kalyan Adhikari, Zila Sainik Kalyan Karyalaya, Sainik Vishram Grah Building, Rai-Ka-Bagh, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. P.R. Singh Jodha Mr. Himmat Singh For Respondent(s) : Mr. S.R. Paliwal Mr. Govind Suthar, DyGC

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/07/2024

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The petitioner has preferred the instant writ petition under Article 226 of the Constitution of India with the following prayers :-

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i. By an appropriate writ, order or direction, the respondents may be directed to issue order with respect to grant of pay scale to the petitioner in accordance with the recommendation made by the 7th Pay Commission.

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ii. That the respondent may be directed to calculate the benefit of gratuity and leave encashment to the

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(2 of 4) [CW-4401/2024]

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[2024:RJ-JD:30049]

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petitioner on the basis of salary prepared after conferring the pay scale in accordance with the recommendations of 7th Pay Commission.

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iii. That the respondent may further be directed to make all the post retiral benefits of the post of cook to the petitioner on the basis of salary prepared and calculated afresh after conferring the applicable pay scale as per the recommendations of 7th Pay Commission.

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The petitioner was initially appointed by the then Rajya Sainik Kalyan Board on the post of Cook on temporary basis vide order dated 03.05.1989 after his name was referred by the office of Zila Sainik Board, Jodhpur. Subsequently, he was given permanent status vide order dated 27.07.1990. It is the case of the petitioner that though he was given all the benefits available to the employees of the Government of Rajasthan including First, Second and Third Selection Pay Scales, however, he was not given the benefit of revised pay scale as per the recommendations of the 7th Pay Commission. The petitioner has retired on 31.12.2020 upon attaining the age of superannuation. As per the averments made in the writ petition, he has not been granted the retiral benefits till date.

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The respondents have file reply to the writ petition. Upon a perusal of the reply, it is revealing that the case of the petitioner for grant of pay scale as per the recommendations of the 7th Pay Commission as well as the retiral benefits is under process and the same shall be paid to him by 31.10.2024. The relevant para B of

[2024:RJ-JD:30049]

[CW-4401/2024]

(3 of 4)

the Preliminary Objections/Submissions is reproduced hereinbelow for the sake of ready reference :-

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"B. That is humbly submitted that the 33rd meeting of this amalgamated Fund was held on 29.02.2024 under the chairmanship of the Honorable Governor, in which pursuant to the approval received for implementation of all the benefits withheld for the personnel working on regular pay scale in Sainik rest houses and the recommendations of the 7th pay commission, the petitioner will be paid the pay as per the 7th pay commission along with retirement benefits including leave Encashment of privilege leave and gratuity by 31.10.2024. The case of petitioner is being processed and calculated as per 7th pay commission and benefits would be released in favour of petitioner"

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In view of the above, it is clear that reliefs claimed by the petitioner in the instant writ petition are being processed by the respondents and a definite date has been given by which they shall pay the dues, i.e. 31.10.2024. Thus, at this stage, no order in that regard is required to be passed.

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At this stage, learned counsel for the petitioner made a submission that payment of gratuity is a statutory right of an employee. The petitioner has retired long back on 31.12.2020 and he has yet not received the retiral benefits. Since there is no fault of the petitioner in the delay caused, thus, he is entitled for interest on the delayed payment of gratuity.

[2024:RJ-JD:30049]

[CW-4401/2024]

(4 of 4)

This court is of the considered view that if the respondents have failed to pay gratuity to the petitioner, calculated even as per pre-revised pay scale, then the petitioner would be entitled to get interest on such delayed payment of gratuity.

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Accordingly, the writ petition is disposed of with the direction to the respondents to make fixation of pay of the petitioner in accordance with the recommendations of the 7th Pay Commission and calculate and pay him arrears of salary and all admissible retiral benefits including encashment of privilege leave and gratuity by 31.10.2024. They shall also calculate and pay interest on the delayed payment of gratuity at the admissible rate as per the applicable service rules. All the exercise in this regard shall be completed by 31.10.2024. Needless to say that if the grievance of the petitioner still persists, he would be at liberty to approach this court again.

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8. No order as to costs.

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(FARJAND ALI),J

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290-Pramod/-

Mohan Lal v. the State of Rajasthan

Case brief

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Mohan Lal v. the State of Rajasthan

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