MAHENDRA KUMAR JAIN SON OF SHRI GYANI CHAND JAIN v. STATE OF RAJASTHAN
CW/26715/2018 · 2025-03-17
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35926 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35926 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11806] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 26715/2018 Mahendra Kumar Jain Son Of Shri Gyani Chand Jain, Aged About 60 Years, Resident Of A-17, Babji Nagar, Baran, Ward No. 03 Baran Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Medical And Health And Mission Director N.h.m., Government Of Rajasthan, Secretariat, Jaipur.
2. Additional Director (Administration), Medical And Health Services Swastha Bhawan, Jaipur.
3. Joint Director, Medical And Health Services, Region Kota Raj.
4. Chief Medical And Health Officer, Baran. ----Respondents For Petitioner(s) : Mr.Sanjay Kumar Singhal For Respondent(s) : Mr.Harsh Parashar for Mr.Vigyan Shah, AAG JUSTICE ANOOP KUMAR DHAND
Order 17/03/2025
1. By way of filing of this writ petition, a prayer has been made for issuing direction to the respondents to decide the matter arising out of the memorandum of charge and provide retiral benefits to the petitioner.
2.
Learned counsel for the petitioner submits that during pendency of this writ petition, the memorandum of charge has been decided wherein the petitioner has been exonerated from all the charges and thereafter, the retiral dues have also been issued in favour of the petitioner. Counsel submits that no interest on the
[2025:RJ-JP:11806] (2 of 3) [CW-26715/2018] delayed payment of retiral dues have been paid by the respondents in spite of calculation of the same by the respondents themselves in the year 2019.
3. At this juncture, counsel for the petitioner made an oral request for issuing appropriate directions to the respondents to pay interest on delayed payment of retiral dues to the petitioner in terms of the calculation Letter dated 27.11.2019.
4. Per contra, learned counsel for the respondent-State opposes the arguments raised by counsel for the petitioner and submits that relief sought by the petitioner orally, regarding grant of interest on delayed payment of retiral dues is not there in the writ petition. However, he is not in a position to controvert the
submissions made by the counsel for the petitioner.
5. Heard and considered the submissions made at Bar and perused the material available on record.
6. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the petitioner has already been exonerated of all the charges and thereafter, retiral dues have also been released to the petitioner.
7. With regard to the oral request made by the counsel for the petitioner regarding grant of interest on the delayed payment of retiral dues to the petitioner is concerned, counsel placed on record a Letter dated 27.11.2019 issued by the Chief Medical and Health Officer, Baran wherein certain calculation has been made with regard to payment of interest to the petitioner on the delayed payment of the retiral benefits. It appears that in spite of above, no interest has been paid to the petitioner.
[2025:RJ-JP:11806] (3 of 3) [CW-26715/2018]
8. The letter dated 27.11.2019 is ordered to be taken on record and taking note of the contents of the aforesaid letter and considering the factual aspect of the matter, the instant writ petition stands disposed of with direction to the respondents to pay interest to the petitioner on the delayed payment of retiral dues in terms of the Letter dated 27.11.2019 issued by the Chief Medical and Health Officer, Baran to the petitioner within a period of three months from the date of receipt of certified copy of the
order.
9. Stay application and all other pending application(s), if any, also stands disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma/62