Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 16237 (RAJ)

RAMESH CHAND SHARMA v. STATE OF RAJ ANDORS

CW/14743/2015 · 2025-04-01

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:14696] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.14743/2015 Ramesh Chand Sharma, S/o Lt. Shri Leeladhar Sharma, Resident of 352, Aerodram Circle, Jhalawar Road, Kota. ----Petitioner Versus 1. State of Rajasthan through Collector, Kota. 2. Sub Divisional Officer, SDO Office, Itawa District Kota. 3. Tehsildar, Pipalda District Kota ----Respondents Connected With S.B. Civil Writ Petition No.7713/2008 Ramesh Chand Sharma, aged about 52 years, S/o Shri Leeladhar Sharma, Resident of 352, Aerodram Circle, Jhalawar Road, Kota. (Raj.) ----Petitioner Versus 1. The State of Rajasthan through its Collector, District Kota, Kota. 2. The Sub Divisional Officer, S.D.O. Office, Itawa Distt. Kota. 3. The Tehsildar, Pipalda District Kota. For Petitioner(s) : Mr. Ramesh Saini for Mr. Sanjay Mehrishi For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 01/04/2025 1. Since common question of facts and law are involved in these petitions, hence with the consent of counsel for the petitioner, these petitions are decided by this common order. 2. For the sake of convenience, the prayer mentioned in S.B. Civil Writ Petition No.14743/2015 are taken into consideration. 3. By way of filing this writ petition, the following prayer has been made:- “(I) By an appropriate writ, order or direction the Respondents be directed to make payment of pension, [2025:RJ-JP:14696] (2 of 3) [CW-14743/2015] gratuity, GPF and Insurance amount and other admissible benefits along with the interest at the rate of 18% from date of retirement till actual payment. (II) By an appropriate writ, order or direction the Respondents be directed to make payment of the arrears of salary and pay fixation along with due date till the actual payment. (III) By an appropriate writ, order or direction the petitioner be awarded damages/costs of Rs.1 Lakh from the respondents for the harassment and economical lass suffered by the Petitioner on account of the inaction of the respondents in providing pensionary benefits to the Petitioner. (IV) Any other relief which the Hon’ble Court considers appropriate in the facts and circumstances of the case may kindly be awarded in favour of the petitioner.” 4. It appears that the petitioner has retired on 30.04.2014 after attaining the age of superannuation. When the retiral dues were not released to the petitioner, he approached this Court by way of filing the instant writ petitions with the aforesaid prayer. 5. Notice to the instant writ petition was issued to the respondents. 6. After receipt of the notice, reply to the writ petition has been submitted, which indicates that the pension case of the petitioner was prepared in the month of November, 2014 and, thereafter, the petitioner was called upon to sign the Pension Kulak and to complete the other formalities. It is the case of the respondents that inspite of receipt of the letter dated 27.11.2014, the petitioner failed to appear for completing the required formalities and to sign the pension Kulak and GPF application. 7. As per the respondents, it was the sole reason for delay in grant of retiral dues to the petitioner. [2025:RJ-JP:14696] (3 of 3) [CW-14743/2015] 8. Letters have been enclosed with the reply filed by the respondents in support of their contentions. If the aforesaid mentioned reasons are the only reasons for non-releasing the retiral dues of the petitioner, the petitioner is to appear in the office of the respondents for completing the formalities within a period of one month from today. 9. In case, the petitioner appears in the office of respondents and completes the requisite formalities within the above stipulated time, the respondents would release all retiral dues to the petitioner forthwith without any further delay. 10. With the aforesaid observations and directions, these writ petitions stand disposed of. Stay applications and all applications (pending, if any) also stand disposed of. 11. Since counsel for the petitioner has pleaded no instructions, the petitioner is not aware about passing of this order,s 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 his intimation/information. (ANOOP KUMAR DHAND),J Karan/179-180