[2025:RJ-JP:28610] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1482/2015 1. Dr. R.K. Dashora Aged about 65 years S/o Shri Ropp Shanker Ji Dashora R/o House No.39 Nagarpalika Colony Chitorgarh (Rajasthan) (Since Deceased) now represented by Lrs. 1/1. Pushpa Dashora, Aged About 68 Years, W/o Late Shri Dr. R.k. Dashora 1/2. Utapal Dashora, Aged About 33 Years, S/o Late Shri Dr. R.k. Dashora 1/3. Tamish Kumar Dashora, Aged About 40 Years, S/o Late Shri Dr. R.k. Dashora 1/4. Yogita Dashora D/o Late Shri Dr. R.k. Dashora W/o Shri Lalit Kumar Dashora, Aged About 43 Years, All Are R/o Resident Of House No. 39, Nagarpalika Colony, Chitorgarh (Rajasthan) ----Petitioners Versus 1. 2. The State of Rajasthan through its Principal Secretary Department of Higher Education Secretariat Jaipur (Rajasthan) The Commissioner College Education, Radha Kishanan Shikha Sankul, Jawahar Lal Nerhu Marg, Jaipur (Rajasthan) 3. Director, Directorate Pensions And Pensioners Welfare, Pension Bhawan, Vidyut Marg, Joyati Nagar, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Najeeb A. Khan For Respondent(s) : Mr. Aditya Singh, Dy.GC Ms. Manasvita Nakwaal for Mr. Mahi Yadav, AAG HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 29/07/2025 Learned counsel for the petitioners confines this writ petition to claim to interest on delayed payment of retiral dues, quashing of the recovery effected by the respondents from his (deceased employee) retiral dues on account of pay scale revision and its refund. [2025:RJ-JP:28610] (2 of 3) [CW-1482/2015] The relevant facts in brief are that Dr. R.K. Dashora (for brevity, ‘deceased employee’) retired as Principal on 31.08.2009 on attaining the age of superannuation; however, he was not paid retiral dues in time and after his retirement, a sum of Rs.5,95,024/- was deducted from his retiral dues on account of revision of his pay scale to his prejudice. During the pendency of writ petition, Dr. Dashora expired and his legal representatives (for brevity, ‘petitioners’) have been brought on record. Learned counsel for the petitioners submits that since, there was delay on the part of the respondents in payment of retiral dues, i.e., pension/arrears of pension/commutation of pension and gratuity, the petitioners are entitled for interest in terms of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (for brevity, ‘Rules of 1996’). Further, referring to and relying upon a judgement of the Hon’ble Supreme Court of India in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others: (2015) 4 Supreme Court Cases 334, he submits that no recovery could have been effected by the respondents from his (deceased employee) retiral dues on account of revision of pay more so, when no fraud or misrepresentation on his part is involved. He submits that an amount of Rs.5,95,024/- has been recovered from the retiral dues of the deceased employee. He, therefore, prays that the respondents be directed to refund the amount of Rs.5,95,024/- alongwith interest. Although, learned counsels for the respondents opposed the prayer; but, could not dispute that there was delay in payment of retiral dues not attributable to the deceased employee. Further, they could not dispute that in view of the law laid down by the [2025:RJ-JP:28610] (3 of 3) [CW-1482/2015] Hon’ble Supreme Court of India in the case of State of Punjab and Others (supra), no recovery could have been effected from the retrial dues of the deceased employee on account of revision of pay scale. In view of the aforesaid admitted factual and legal position, nothing survives for consideration of this Court in the matter and this writ petition is disposed of in following terms:- “(i) The respondents shall pay to the petitioners (eligible legal representatives of the deceased employee) interest on delayed payment of retiral dues in terms of Rule 89 of the Rules of 1996. (ii) The respondents shall refund the sum of Rs.5,95,024/- with interest @ 6% per annum payable from the date it was recovered till the date of payment. (iii) The compliance be made within a period of 12 weeks from the date of communication of this order.” Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/141