HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No.65/2023 In S.B. Civil Writ Petition No.2582/2022 Ravindra Shringi Son Of Late Shri K.C. Shringi, Aged About 61 Years, R/o 5/105, Swami Vivekanand Nagar, Kota, Rajasthan. ----Petitioner Versus 1. The Registrar, Vardhman Mahaveer Open University, Kota (Raj.) 2. The Comptroller, Vardhman Mahaveer Open University, Kota (Raj.) ----Respondents For Petitioner(s) : Ms. Anita Agarwal with Mr. Laxmi Kant For Respondent(s) : Mr. Shobhit Vyas JUSTICE ANOOP KUMAR DHAND Order 31/07/2025 1. The instant misc. application has been submitted seeking recall/modification of the order dated 16.03.2023 passed by this Court while deciding S.B. Civil Writ Petition No.2582/2022 submitted by the non-applicant/petitioner-Ravindra Shringi. 2. Learned counsel for the applicants-respondents submits that the non-applicant/petitioner-Ravindra Shringi along with other co-petitioners has submitted S.B. Civil Writ Petition No.7670/2018 before this Court seeking benefit of 6th Pay Commission by fixing their pay scale of Rs.5500-9000. Counsel submits that an interim order has been passed by the (2 of 4) [WMAP-65/2023] Co-ordinate Bench of this Court on 11.04.2018, by which the effect and operation of the order dated 20.03.2018 has been stayed. Counsel submits that the aforesaid order passed by the Co-ordinate Bench was not brought into notice of this Court when the SB Civil Writ Petition No.2582/2022 submitted by the non-applicant/petitioner, was disposed of on 16.03.2023. Counsel submits that by passing the order dated 16.03.2023, this Court has issued directions to the applicants- respondents to release the retiral dues of the non-applicant/ petitioner i.e. gratuity, leave encashment and commutation with interest @9% per annum. Counsel submits that till date, the pay scale of the non-applicant/petitioner has not been decided and the petition submitted by him is still pending for adjudication on the issue that ‘whether the non-applicant/ petitioner would be entitled to get benefit of pay scale of Rs.5000-8000 or Rs.5500-9000, hence, under these circumstances, the applicants-respondents are not in position to release the aforesaid retiral dues to the non-applicant/ petitioner, hence, under these circumstances, the order dated 16.03.2023 is either recalled or modified. 3. Per contra, learned counsel for the non-applicant/ petitioner submits that the non-applicant/petitioner was working on the post of LDC Gr-II and stood retired on 31.07.2021 and in-spite of passing of considerable time, when his retiral dues were not released, he approached this Court by way of filing S.B. Civil Writ Petition No.2582/2022, wherein after hearing the arguments of both sides, the order dated (3 of 4) [WMAP-65/2023] 16.03.2023 was passed by this Court by issuing directions to the applicants-respondents to release the retiral dues of the non-applicant/petitioner i.e. gratuity, leave encashment and commutation with interest @9% per annum. Counsel submits that the order is clear and specific, which requires no interference of this Court. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by learned counsel for the applicants-respondents and looking to the fact that the applicants-respondents are facing difficulty to release the retiral dues of the non-applicant/petitioner i.e. gratunity, leave encashment and commutation pursuant to the order dated 16.03.2023, as the issue of fixation of pay scale of the non-applicant/petitioner, either under the pay scale of Rs.5000-8000 or Rs.5500-9000, is required to be adjudicated in the main petition submitted by the non-applicant/petitioner i.e. S.B. Civil Writ Petition No.7670/2018, but in any case, the applicants-respondents cannot be allowed to withhold the entire retiral dues of the non-applicant/petitioner and therefore, the order dated 16.03.2023 passed by this Court is required to be modified, as under: “The respondents are directed to release the retiral dues of the non-applicant/petitioner i.e. gratuity, leave encashment and commutation along with interest @9% per annum by calculating aforesaid amount under the pay scale of Rs.5000- 8000. The issue of entitlement of pay scale of Rs.5500-9000 would be decided in the other petition bearing S.B. Civil Writ (4 of 4) [WMAP-65/2023] Petition No.7670/2018 and the balance amount, if any, would be paid to the non-applicant/petitioner, in accordance with the order to be passed by this Court in the pending S.B. Civil Writ Petition No.7670/2018.” 8. The applicants-respondents are directed to comply with this order within a period of three months from the date of receipt of certified copy of this order. (ANOOP KUMAR DHAND),J KuD/3