Disposed¶20

Harlal Singh v. State of Rajasthanandors

Rajasthan HC6 Feb 2025CW/15826/2009

Case brief

AI extract

What is this about?

Gratuity payment with interest; excess gratuity refund; identification of pensioner before Treasury Officer; Rule 89 Rajasthan Pension Rules 1996; writ petition disposed with liberty; unrepresented petitioner; revival liberty; Rajasthan High Court Jaipur; Harlal Singh v. State of Rajasthan.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to appear before the authorities to complete formalities for release/refund of gratuity; on appearance within one month, authorities expected to pass orders on gratuity with interest per Rule 89, Rajasthan Pension Rules, 1996; liberty reserved to seek revival; Office directed to send a copy of the order to the petitioner's residential address. ¶20

Harlal Singh Vs State of Rajasthanandors — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether directions should be issued to the respondents to make payment of the petitioner's gratuity amount along with interest.

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Court's answer

The writ petition is disposed of, granting liberty to the petitioner to appear before the authorities concerned to complete necessary formalities for release/refund of the gratuity amount.

¶20

Ratio / Principle

If the petitioner appears before the respondent authorities within one month, the authorities are expected to pass necessary orders regarding his gratuity along with interest in terms of Rule 89 of the Rajasthan Pension Rules, 1996.

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Key takeaways

On the petitioner's appearance, the authorities are to pass necessary orders on his gratuity with interest in accordance with Rule 89 of the Rajasthan Pension Rules, 1996.ratio¶21
If aggrieved by any action of the respondents, the petitioner remains at liberty to move an application for revival of this petition.ratio¶23

Detailed headnote1 paragraphs

Writ petition under S.B. Civil Writ Petition No.15826/2009 seeking directions for payment of gratuity with interest, filed by a retired employee against the State of Rajasthan and pension/treasury authorities, disposed of by a Single Judge of the Rajasthan High Court (Jaipur Bench). The petitioner remained unrepresented. Respondents contended that excess gratuity had been paid and that the petitioner, despite being called upon to refund it and to appear before the Treasurer for identification, had failed to do so. The Court disposed of the petition granting liberty to the petitioner to appear before the authorities to complete formalities for release/refund of gratuity, directing that if he appears within one month, the authorities are expected to pass necessary orders on gratuity with interest in terms of Rule 89 of the Rajasthan Pension Rules, 1996. Liberty was reserved to the petitioner to seek revival of the petition if aggrieved.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.15826/2009

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Harlal Singh Son Of Shri Ganesharam, Village Khaylia Ki Dhani, Post Office Badwasi, Tehsil Nawalgarh, District Jhunjhunu Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan Through Chief Secretary, Secretariat, Jaipur.

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The Director, Directorate Of Pension And Pensioners Welfare, Government Of Rajasthan, Jaipur.

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Treasury Officer, Treasury Jhunjhunu, Rajasthan.

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Dheeraj Kumar Tripathi, Addl. GC

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/02/2025

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By way of filing this writ petition, a prayer has been made for issuing directions to the respondents to make payment of the gratuity amount along-with interest.

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No one has put in appearance on behalf of the petitioner.

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Learned counsel for the respondents has opposed the writ petition and submitted that excess amount of gratuity was paid to the petitioner, and in terms of the orders passed by the authorities, the petitioner was called upon to refund the same to the respondents and appear before the Treasurer, in person, for the purpose of releasing of his due amount of gratuity. Learned counsel submits that till date the petitioner has failed to appear

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[CW-15826/2009]

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(2 of 2)

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before the authorities for the purpose of his identification. Learned counsel submits that in absence of identification of the petitioner, the needful exercise cannot be done.

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Considering the factual aspect of the matter, the instant writ petition stands disposed of granting liberty to the petitioner to appear before the authorities concerned for completing necessary formalities for releasing/refund of the gratuity amount.

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All applications (pending, if any) also stand disposed of. 6. In case, the petitioner appears before the respondentauthorities within a period of one month from today, it is expected from the authorities concerned to pass necessary orders with regard to gratuity of the petitioner along-with interest in terms of Rule 89 of the Rajasthan Pension Rules, 1996.

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Since the petitioner has remained unrepresented before this Court, Office is directed to send a copy of this order to the petitioner on his residential address mentioned in the memo of writ petition for their intimation/information.

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Even in case, the petitioner feels aggrieved by any action of the respondents, he would be at liberty to move application for revival of this petition.

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(ANOOP KUMAR DHAND),J

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Karan/62

Harlal Singh v. State of Rajasthanandors

Case brief

What is this about?

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Harlal Singh v. State of Rajasthanandors

Case brief

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