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2025 DAILYLAW 4056 (RAJ)

SANTOSH SHARMA W/O LATE RAKESH MOHAN BHARDWAJ v. STATE OF RAJASTHAN

CW/965/2025 · 2025-01-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:3633] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 965/2025 Santosh Sharma W/o Late Rakesh Mohan Bhardwaj, Aged About 55 Years, R/o Bhardwaj Ashram, N.E.B., Housing Board, Alwar Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through its Secretary, to The Government, Rural Development Panchyat Raj. Department, Secretariat, Jaipur. 2. Director, Pension & Pensioners Welfare Department, Jyoti Nagar, Jaipur. 3. Chief Executive Office, Zila Parishad, Alwar Near Akash Vani Kendra, Scheme No. 5, Alwar. 4. Block Development Officer, Panchayat Samti, Tijara, District Alwar. ----Respondents For Petitioner(s) : Mr. Nikhil Kumawat for Mr. Mohit Gupta For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Order 24/01/2025 1. The instant petition is filed with the following prayers: "(i) Quashed and set-aside the illegal letter dated 15-12- 2021 whereby, petitioner wrongly suffered from gratuity & pension recovery. (ii) Quashed and set-aside the illegal letter dated 28-03- 2022 whereby, petitioner wrongly suffered from gratuity & pension recovery. (iii) Further directed to the respondents to grant pension by considering length of service, by re-fixation & revise pension of the petitioner & repayment to the petitioner gratuity amount which was recovered illegally, with arrear and interest of 18% per annum. [2025:RJ-JP:3633] (2 of 2) [CW-965/2025] (iv) Any other relief which Hon'ble Court deem fit and proper by considering facts and circumstance of the case granted in the favour of the petitioner." Learned counsel for the petitioner has made a limited prayer that the instant petition can be disposed of with a liberty to the petitioner to avail the alternate remedy available and a direction that the Tribunal decides the petition of the petitioner, within stipulated period. Considering the fact that the instant matter falls under the ambit of “service matters”, this Court deems it apposite to dispose of the present petition with the direction to the learned Tribunal to adjudicate the petition/case of the petitioner, without further ado, preferably within three months from the date of filing. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/11