[2025:RJ-JP:5057] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 343/2025 Chauthmal S/o Late Shri Ladu Ram, Aged About 77 Years, R/o Baid Ki Dhani, P.S. Ranoli, District Sikar. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur 2. Director, Elementary Education, Bikaner 3. Block Elementary Education Officer, Panchayat Samiti, Danta Ramgarh, District Sikar. 4. Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur ----Respondents For Petitioner(s) : Mr. S.L. Kumawat For Respondent(s) : Mr. Aditya Raj for Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 05/02/2025 Learned counsel for the petitioner has submitted that the petitioner is a senior citizen aged approximately 77 years. It is further submitted that considering the fact that the petitioner was suspended on 23.07.2001 due to the FIR registered against him, in pursuance of which the petitioner was convicted vide order dated 19.07.2001. However, the conviction order of the petitioner was stayed by the High Court, and resultant to the same the petitioner was reinstated to his service in the year 2007. Further, it is submitted [2025:RJ-JP:5057] (2 of 2) [CW-343/2025] that the petitioner superannuated on 31.10.2007, however, was paid only 50 per cent of retiral dues and other benefits due to the said suspension. In this regard, learned counsel has placed reliance upon the ratio encapsulated in Mahesh Chandra Soni Vs. The State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14891/2023 decided on 06.03.2024 and submitted that entire amount should be released to the petitioner. Learned counsel for the respondent has submitted that in light of the Rajasthan Civil Services Appellate Tribunal Act, 1976 there is alternate efficacious remedy available before the learned RAT Tribunal, as the petitioner qualifies to be a government servant as per the definition spelled out in Section 2(c) and the dispute falls under the ambit of Section 2(f) of the Act of 1976. Considering the above-said submissions, and the consensus drawn inter-se parties, the present petition is disposed of with the direction to the learned RAT to adjudicate the matter within an upper limit of six months, from the date of filing of the same. It is expected from the learned RAT to examine the judgments relied upon by the petitioners, in light of the present set of facts and circumstances. Accordingly, the present petition is disposed of with aforementioned directions. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/341