[2025:RJ-JP:40951] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13254/2022 Fateh Singh Son Of Late Shri Harphool Meena, Resident Of Village Kaima, Tehsil Nadoti, District Karauli (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner, Rajasthan. 3. The Director, Pension And Pensioners Welfare, Rajasthan, Jaipur. 4. The Joint Director, Pension And Pensioners Welfare, Rajasthan, Jaipur. 5. The District Education Officer, Secondary Education, Karauli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Deepak Sharma For Respondent(s) : Mr. Devansh Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/10/2025 1. Instant writ petition is preferred by petitioner with following prayer: “i. To direct the respondents to provide the benefit of interest @ 18% p.a. upon all consequential benefits arising after setting aside of termination including the gratutity and pension amount etc. and further the benefits accrue during the period of suspension and other benefits of seniority; promotion etc. to the petitioner; ii. To issue any other appropriate relief which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of petitioner; [2025:RJ-JP:40951] (2 of 3) [CW-13254/2022] iii. To allow the exemplary cost of the writ petition in favour of petitioner.” 2. Learned counsel for petitioner while relying upon Rule-89 of Pension Rules submits that petitioner has been superannuated in the year 2017 and respondents have not granted him retiral benefit after his superannuation. He further submits that as a result of said denial the petitioner is compelled to file a S.B. Civil Writ Petition No. 18517/2017 which was decided by this Hon’ble Court on 07.08.2019 and in pursuant to order of this Hon’ble Court the respondents have been granted retiral benefits keeping pending the issue of payment of interest on delayed payment of retiral benefits. He further submits that from the internal note- sheet of the Department procured under the RTI Act, the petitioner came to know about non-payment of interest which remained undecided at the time of disposal of writ petition no. 18517/2017 on 07.08.2019. He further submits that petitioner is entitled to receive interest @ 9% p.a. in accordance with Rule 89 of the Pension Rules. 3. Aforesaid contentions were opposed by learned counsel for respondents on the ground that after conviction in a criminal case the services of petitioner were terminated under Rule 19 and consequent upon order of this Hon’ble Court on 07.08.2019 in S.B. Civil Writ Petition No. 18517/2019 the retiral benefits were granted to present petitioner without any delay, however, if any representation is made to the Department they will consider the representation in accordance with law. 4. Learned counsel for petitioner agreed to suggestion made by learned counsel for respondents. [2025:RJ-JP:40951] (3 of 3) [CW-13254/2022] 5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of four weeks from now raising all grounds. The respondents are directed to dispose of the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition. 6. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /118