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2025 DAILYLAW 15138 (RAJ)

GOVIND JOSHI @ GOVIND RAM JOSHI S/O SHRI MOOLA RAM JOSHI v. STATE OF RAJASTHAN

CW/6480/2020 · 2025-07-22

Sudesh Bansal

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[2025:RJ-JP:27347] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6480/2020 Govind Joshi @ Govind Ram Joshi S/o Shri Moola Ram Joshi, Aged About 65 Years, (Sr Citizen) Resident Of Sutharon Ki Badi Guwad, Inside Usta Bari, Bikaner- 334001 Retired As Senior Specialist (Rp) In Sarva Shiksha Abhiyan Under Education Department Of Govt Of Rajasthan W.e.f. 31.10.2014. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, School Education, Rajasthan, Jaipur 2. Commissioner Cum Special Secretary, School Education And Prarambhik Shiksha Parishad (Now Rajasthan School Shiksha Parishad) Second Floor, Block-5, Dr Radhakrishanan Shiksha Sankul, Jaipur-302017 3. Additional State Project Director-I, Prarambhik Shiksha Parishad (School Shiksha Parishad), Second Floor, Block- 5, Dr Radhakrishanan Shiksha Sankul, Jaipur-302017 4. Chief District Education Officer, (Elementary Education) Cum District Project Co-Ordinator, Sarva Shiksha Abhiyan, Bikaner 5. Chief Block Elementary Education Officer, Sarva Shiksha Abhiyan, Loonkaransar, District Bikaner ----Respondents For Petitioner(s) : Mr. Narendra Singh Yadav Mr. Abhinday Karen Barwar For Respondent(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/07/2025 1. Heard learned counsel for both the parties and perused the material available on record. 2. The short issue involved herein, is in respect of denial to pay the gratuity to petitioner under the Payment of Gratuity Act, 1972 and in furtherance to the Circular of Finance Department dated 27.06.2014. [2025:RJ-JP:27347] (2 of 3) [CW-6480/2020] 3. The facts as culled out from record are that petitioner was appointed on the post of Assistant Project Officer in Lok Jumbish Project, established for development and extension of elementary education in State of Rajasthan. Later on, the Lok Jumbish Project came to be merged into the Sarva Shiksha Abhiyan and Rajasthan Elementary Education Parishad by the State Government w.e.f. 01.07.2004. Petitioner stood retired from service w.e.f. 31.10.2014. 4. The entitlement of petitioner for gratuity in terms of Circular dated 27.06.2014 (Ann.3) issued by the Government of Rajasthan, Finance Department, is not dispute. 5. The only plea raised by the counsel for petitioner is that such Circular has been followed by Rajasthan School Shiksha Parishad w.e.f. 20.09.2018 (wrongly indicated as 20.09.2019), under the order dated 01.11.2019 (Ann.8) and since prior to that, petitioner stood retired w.e.f. 31.10.2014, hence, he is not entitled for gratuity. However, counsel for respondents concedes that the issue has already been set at rest by this Court at Principal Seat- Jodhpur in SBCWP No.11594/2019: Godawari Bohra Vs. State of Rajasthan, vide order dated 16.05.2024, observing therein that the delay in following the Circular dated 27.06.2014 of the Finance Department by School Shiksha Parishad, may not be attributed to the petitioners/ government employees. The Order dated 16.05.2024 has been affirmed by the Division Bench in DB Special Appeal Writ No.826/2024: State of Rajasthan Vs. Godawari Bohra vide order dated 30.01.2025. [2025:RJ-JP:27347] (3 of 3) [CW-6480/2020] 6. In view of above, petitioner is entitled to get the gratuity in terms of Circular dated 27.06.2014, issued by the Government of Rajasthan. Hence, it is hereby directed that gratuity, payable to petitioner for his tenure of service, shall be paid to him in terms of Circular dated 27.06.2014, within a period of three months form today. In case, amount of gratuity is not paid within the time-frame as stipulated herein, petitioner shall be entitled to recover the same along with interest @ 9% per annum. 7. With the aforesaid, instant writ petition stands disposed of. 8. Pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Sachin/15