Disposed

Amar Singh Somvanshi Son of Sh. Babu Lal v. State of Rajasthan, through Principal Secretary

Rajasthan HC25 Mar 2025CW/19631/2018

Case brief

AI extract

What is this about?

Retired municipal employee sought gratuity and leave encashment withheld since 2010 despite depositing recovery amount and obtaining a No Dues certificate. Court disposed of the petition directing him to file a fresh representation and requiring respondents to decide it in accordance with law within three months.

What the court decided

AI extract

Amar Singh Somvanshi Son of Sh. Babu Lal… — Pension and Retirement Benefits | Rajasthan HC (2025)

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[2025:RJ-JP:13431]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 19631/2018

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Amar Singh Somvanshi S/o Sh. Babu Lal, Aged About 68 Years, Resident of 1-Ka-261-262, Shivaji Park, Alwar.

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----Petitioner

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Versus

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1. State of Rajasthan, Through Principal Secretary, Department of Local Self Government, Urban Development and Housing, Secretariat, Jaipur.

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1. Director, Department of Local Self Government, Residency Area, Civil Lines, Jaipur.

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1. Nagar Parishad, Alwar, Through Its Commissioner.

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Ms. Poonam Yadav for Mr. Neeraj Batra-G.C

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JUSTICE ANOOP KUMAR DHAND

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Order

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25/03/2025

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By way of filing this writ petition, a prayer has been made for issuing a direction to the respondents to make payment of gratuity and leave encashment amount to the petitioner.

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Contents of the writ petition indicates that the petitioner stood retired in the year 2010 after attaining the age of superannuation and at the relevant time, disciplinary proceedings were pending against him and a recovery of Rs. 32,299/- was sought against certain outstanding amount of loan.

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It is stated in the petition that the aforesaid amount was deposited by the petitioner and thereafter “No Dues” certificate was issued to him on 09.07.2010 but inspite of above, the amount

[2025:RJ-JP:13431]

[CW-19631/2018]

(2 of 2)

of gratuity and leave encashment was not released, hence under these circumstances, the petitioner has approached this Court by way of filing this writ petition.

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Reply to the writ petition indicates that the respondents have made correspondence to the Additional Director, Directorate Local Bodies Department, Jaipur with regard to payment of dues of the petitioner on 16.12.2011 including payment of gratuity and the amount of leave encashment. It appears that after the aforesaid correspondence, nothing has been done on the part of the respondents. No documents have been submitted by the either side stating that whether after making the aforesaid communication by the Additional Director, Directorate Local Bodies Department, Jaipur, the matter has been acted upon or not.

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Keeping in view of the above factual aspect of the matter, the instant writ petition stands disposed of by granting liberty to the petitioner to approach the respondents again by way of filing a representation along with copy of the letter/communication dated 16.12.2011 in the office of the State respondents within a period of one month from today. In case, such representation is submitted by the petitioner within the above stipulated time, it is expected from the respondents to decide the same strictly in accordance with law expeditiously as early as possible, preferably within a period of three months from the date of receipt of the certified copy of this order.

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All pending application(s), if any, also stands disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/61

Amar Singh Somvanshi Son of Sh. Babu Lal v. State of Rajasthan, through Principal Secretary

Case brief

What is this about?

What the court decided

Amar Singh Somvanshi Son of Sh. Babu Lal v. State of Rajasthan, through Principal Secretary

Case brief

What is this about?

What the court decided

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