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2025 DAILYLAW 49391 (RAJ)

SARITA CHATURVEDI W/O LATE ABHAY CHATURVEDI v. REGISTRAR GENERAL

CW/5685/2025 · 2025-11-25

Ravi Chirania, Vinit Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:47616-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5685/2025 Sarita Chaturvedi W/o Late Abhay Chaturvedi, Aged About 62 Years, R/o. 265/14, Sector-26, Pratap Nagar, Sanganer, Jaipur- 302033 (Rajasthan). ----Petitioner Versus 1. Registrar General, Rajasthan High Court, Jaipur Bench At Jaipur (Rajasthan). 2. The Principal Secretary (State Of Rajasthan), Legal And Legal Affairs Department, Government Secretariat, Jaipur, Rajasthan. 3. The Director, Directorate Of Pension And Pensioners Welfare, Jyoti Nagar, Lalkothi, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Suresh Kumar Sahni with Mr. Ram Mohan Sharma For Respondent(s) : Ms. Mahi Yadav, AAG with Mr. Rohan Mittal HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE RAVI CHIRANIA Order 25/11/2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed with the following prayer:- “In view of the above cogent facts, law and extenuating circumstances of the case, it is most humbly prayed that a writ of mandamus or like nature may kindly be issued directing the respondents to pay the amount of interest accrued on the delayed payment of Rs.46,29,581/- from the date of occurrence i.e. [2025:RJ-JP:47616-DB] (2 of 3) [CW-5685/2025] 04.09.2020 till actual realization i.e. 02.05.2024 respectively and further the respondents be also directed to pay the cost of this writ petition which this Hon’ble Court perceives just and proper in the facts and circumstances of the case; Hon’ble Court further may be pleased to direct the respondent No.3 to pay the arrears of the family pension payable to the petitioner for the service rendered by the petitioner’s husband as judge of Hon’ble Rajasthan High Court. Any other order, direction or writ may also be passed which this Hon’ble Court deems just and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the husband of the petitioner was a judicial officer in the State of Rajasthan and he was elevated as a Hon’ble Judge of this Court on 22.04.2019 and he retired after attaining the age of superannuation on 04.09.2020. The husband of the petitioner unfortunately passed away on 02.05.2021, however, the retiral benefits were not released as per the Rules. 4. Learned counsel submits that the retiral benefits, were required to be paid by the respondents in time but the same were paid after a course of palpable delay of more than three years and therefore she is entitled for interest over the delayed payments made by the State. 5. Learned counsel further submits that the petitioner was entitled for gratuity amount of Rs.20,00,000/-, which has been paid, but belatedly, therefore, the petitioner is entitled for interest [2025:RJ-JP:47616-DB] (3 of 3) [CW-5685/2025] over the delayed payment of gratuity. He further submits that the commutation amount of Rs.36,29,581/- was paid on 02.05.2024, whereas that amount becomes due to be paid on 04.09.2020. He, therefore, prays that the petitioner is also entitled for interest over the delayed payment of commutation amount also. He further submits that the petitioner is entitled for the arrears of family pension of the petitioner’s husband as a reputed Judge of the Hon’ble High Court with effect from the date, she becomes entitled. 6. Learned counsel for the respondents very fairly submits that the points raised by learned counsel for the petitioner will be reconsidered by the respondent-Department and if any amount towards the interest on the delayed payment is due, the same shall be calculated and the interest on the applicable rates shall be paid to the petitioner expeditiously. 7. In view of the submissions/assurances made by learned counsel for the respondents before this Court, the present writ petition is disposed of with a direction to the respondents to recalculate the amount of interest as per the applicable rates over the delayed payments made to the petitioner, as stated in the preceding paras and the pay the same to the petitioner at the earliest, preferably within a period of four weeks from the date of receipt of certified copy of this order. (RAVI CHIRANIA),J (VINIT KUMAR MATHUR),J Monika/109