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2025 DAILYLAW 5523 (RAJ)

KEDAR NATH SHARMA v. STATE O F RAJASTHAN

CW/1335/2009 · 2025-02-13

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:6513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.1335/2009 Kedar Nath Sharma S/o Sh. Dal Chand Sharma, 2-M-1, Housing Board, Krishna Nagar, Bharatpur, Near I.G. Office - Bharatpur ----Petitioner Versus 1. State of Rajasthan, through its Secretary Department of Agriculture, State Secretariat, Jaipur 2. Director, Directorate of Rajasthan, Pant Krishi Bhawan, Jaipur 3. Director, Department of Pension and Pensioners Welfare, Jyoti Nagar, Jaipur ----Respondents For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 13/02/2025 1. By way of filing this petition, a prayer has been made for issuing direction to the respondents to release retiral dues, i.e., pension, gratuity, commutation of pension, leave encashment and other retiral dues of the petitioner along-with interest. 2. None has put in appearance on behalf of the petitioner and the respondents. 3. Reply to the aforesaid petition has been submitted by the respondents which indicates that the petitioner was appointed on the post of Kshetrapati and in absence of the candidate, he was selected for the post of Assistant Agriculture Officer for a period of three months only. Thereafter, benefit of second selection scale on completion of period of 18 years of service, from the date of his deputation, i.e., on 19.11.1976, was granted on 19.11.1994, on [2025:RJ-JP:6513] (2 of 2) [CW-1335/2009] the recommendation of RPSC, and his services were regularized on 10.12.1979. Accordingly, the benefit of selection scale was granted to the petitioner, as above. 4. It appears that the dispute remained pending before this Court and after disposal of the same, the pensionary benefits were issued to the petitioner by the respondents on 19.11.2008. 5. This fact is not in dispute that the petitioner stood retired on 31.07.2006, after attaining the age of superannuation, but the pensionary benefits were not released to him for a considerable time, i.e., more than two and half years due to pendency of some litigation with regard to any issue that has no concerned whatsoever with the petitioner, hence the stand of the respondents in delaying the payment of retiral dues is unjustified. Under such circumstances, the petitioner is entitled to get interest @9% on the delayed payment of retiral dues in terms of Rule 89 of the Rajasthan Pension Rules, 1996. 6. The instant writ petition stands disposed of with the aforesaid direction. 7. Needless to observe, the respondents are directed to comply with the order passed by this Court within a period of 3 months from the date of receipt of certified copy of this order. 8. Since neither the petitioner not the respondents put appearance, let a copy of the order be sent to the petitioner as well as to the respondents for their intimation and necessary compliance. (ANOOP KUMAR DHAND),J Aayush Sharma /77