[2025:RJ-JP:51357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18117/2019 Smt. Parwati Devi W/o Shri Ravi Kant Sharma, Aged About 55 Years, (Expired On 19.5.2015, Worked As Gram Sevak Cum Secretary, Panchayat Samiti, Kotputli, District Jaipur) R/o Mohalla Bada Bas, Ward No. 23, Kotputli, District Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Commissioner, Rural Development And Panchayati Raj Department, Jaipur. 2. Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. 3. Chief Executive Officer, Zila Parishad, Jaipur. 4. Block Development Officer, Panchayat Samiti, Kotputli, Distt. Jaipur. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Mr. Prateek Saxena Mr. Aaditya Godara for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the respondents may kindly be directed not to make any recovery from the pensionary benefits of the petitioner and if any recovery has been made, the said amount be refunded to the petitioner with interest @ 12% p.a. [2025:RJ-JP:51357] (2 of 3) [CW-18117/2019] The respondents may also be directed to release the provisional pension/family pension and pensionary benefits of the petitioner’s husband after giving him the benefit of 9, and 18 years of service from the date of initial appointment, with all other service and retiral benefits in the light of the judgment passed by this Court in the case of Jagadish Bhanoda (supra). Any other appropriate order or direction, which this Hon’ble Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner.” 2. Learned counsel for petitioner while referring and relying upon order dated 29.08.2019 in S.B. Civil Writ Petition No.14630/2019 (Babu Lal Meena Vs. State of Rajasthan and Ors.) submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court, on the basis of judgment in case of Raj Kumar Agrawal Vs. State of Rajasthan & Ors. passed in S.B. Civil Writ Petition No.5400/2015 decided on 12.04.2017. He further submits that instant writ petition be disposed of in accordance with aforesaid order. 3. Mr. Kapil Prakash Mathur, AAG and Mr. Aaditya Godara on behalf of Ms. Mahi Yadav, AAG accepts notice. Office is directed to reflect his name as counsels for the respondents. 4. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of ration, as laid down in case of Babu Lal [2025:RJ-JP:51357] (3 of 3) [CW-18117/2019] Meena Vs. State of Rajasthan and Ors. (supra), if applicable upon facts of the case. 5. The writ petition is disposed of on basis of facts as claimed by the petitioner, however, the respondents are at liberty to consider applicability of ratio in case of Raj Kumar Agrawal (supra). 6. The writ petition and misc. application, if any, stand disposed of. (ASHOK KUMAR JAIN),J MR/167