HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.23093/2018 Ramesh Kumar Sharma S/o Shri Radheyshyam Chaila, Aged About 60 Years, R/o Baswa, Tehsil Baswa, District Dausa, Rajasthan. ----Petitioner Versus 1. The Department Of Local Bodies, Through Director, Near C-Scheme Railway Crossing, Jaipur. 2. The Municipal Corporation, Rajgarh, Alwar Through Chairman. 3. The Municipal Corporation, Rajgarh, Alwar Through Executive Officer. ----Respondents For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. By way of filing this writ petition, a prayer has been made for issuing directions to the respondents to release the retiral dues of the petitioner. 2. The contents of the writ petition indicates that the petitioner stood retired on 28.02.2018 from the post of Junior Clerk from Municipal Corporation, Rajgarh, Alwar after attaining the age of superannuation. 3. At the time of retirement of the petitioner, neither any criminal case nor any departmental enquiry was pending against him rather he was exonerated in the charge-sheet issued to him under Rule 18 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the (2 of 3) [CW-23093/2018] Rules of 1958”) by the respondents vide order dated 27.04.2017. Hence, the retirement dues were not released to the petitioner, thus he has approached this Court by way of filing this writ petition wherein notices were issued to the respondents and in response to the notice, reply has been submitted. 4. The contents of Para 2 of the reply to the writ petition indicates that the petitioner was entitled to get the following benefits. For ready reference, the contents of Para 2 of the reply are reproduced as under:- “That the additional director cum joint secretary of the director local body Rajasthan, Jaipur by vide order dt. 27.04.2017 awarded punishment of stoppage of one increment without cumulative effect and further imposed a fine Rs. 1,79,249/-under the disciplinary proceedings against the petitioner. After the retirement of the petitioner payable amount to the petitioner are as follows; 1. Leave encashment amount Rs. 5,49,150.00/- 2. Gratuity amount Rs. 906097.00/- 3. GPF amount Rs. 120000.00/- Total Payable amount Rs. 1575247.00/- But as per the direction of the state government and letter dt 09.02.2018 by Nagar Palika, Bandiqui, amount of rupees 1,79,248/- is recoverable from the petitioner and also a GPF amount of Rs. 90,000/- was paid to the petitioner on 27.03.2019 thereafter remaining amount of Rs. 13,05,999/- is required to be paid to the petitioner for which proceeding is under consideration but due to non receiving of NOC from the Nagar Palika, Udaipurwati, in favour of the petitioner delay of payment has been made. It is also submitted that answering respondent by Vide letter dt. 19.12.2018 informed to the Nagar Palika Udaipurwati for no dues with regard to the petitioner but no reply was received thereafter again on 24.04.2019 letter was issued but no response was received from the Nagar Palika, Udaipurwati. The photocopies of the letter dt. 09.02.2018, order dt. 27.03.2019 and letter dt. (3 of 3) [CW-23093/2018] 24.04.2019 are submitted and marked as Annexure- R- 3/1, R-3/2 and R-3/3.” 5. Without any justified reason, the retiral dues of the petitioner have been withheld by the respondents on technical ground that requisite orders were not passed by the Municipal Board, Udaipurwati pertaining to no dues against the petitioner. It was a matter between different offices of the respondents, if no dues was not released by Municipal Board, Udaipurwati, the respondents could have asked the authority concerned to do the needful, but in any case a retired employee cannot be made sufferer on account of mere technicalities/technical objections raised by the respective Officers of the respondent. 6. Retiral dues are not a bounty rather it is a rightful claim of the retired person and the authorities concerned has no right to withhold the same without any justified reason. 7. In view of above, the writ petition stands disposed of with direction to the respondents to release the retiral dues of the petitioner along-with interest @9% p.a. in terms of Rule 89 of the Rajasthan Pension Rules, 1996 (if not released earlier) forthwith without any further delay within a period of three months from the date of receipt of certified copy of this order. 8. All applications (pending, if any) stand disposed of. 9. Since both the parties have remained unrepresented before this Court, they are not aware about passing of this order. Office is directed to send a copy of this order to the petitioner as well as the respondents for their intimation/information/necessary compliance of this order. (ANOOP KUMAR DHAND),J Karan/90