HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Civil Writ Petition No. 13683/2025 1. Diwakar Gupta S/o Late Shri Surendra Kumar Gupta, aged about 62 years, R/o A-34, New Colony, Gumanpura, Kota (Raj.) 2. Sita Ram Pareek S/o Late Shri Radha Ballabh Pareek, aged about 61 years, R/o Plot No. 6, Brij Villa, Opp. Bakhashish School, Devli Arab Road, Borakhera, Kota (Raj.) 3. Basant Kumar Jain S/o Late Shri Madan Lal Jain, aged about 62 years, R/o B-341, R.K. Puram, Kota (Raj.) 4. Ravindra Kumar Jain S/o Late Shri Moti Lal Jain, aged about 61 years, R/o 2/317, Swami Vivekanand Nagar, Kota (Raj.) 5. Omprakash Jain S/o Late Shri Babu Lal Jain, aged about 64 years, R/o Suman Vihar III, Kunahari, Kota. 6. Sunit Kumar Sharma S/o Late Ram Prasad Sharma, aged about 63 years, R/o 1287-B, Shrinathpuram, Opp. R.K. Puram Police Station, Kota. ----Petitioners Versus 1. State of Rajasthan, through Secretary, Higher Education, Govt. of Rajasthan, Govt. Secretariat, Jan Path, Jaipur. 2. Vardhman Mahaveer Open University, Kota, through its Registrar, Rawatbhata Road, Kota. 3. Vardhman Mahaveer Open University, Kota through Comptroller, Rawatbhata Road, Kota. ----Respondents For Petitioner : Mr. Shobhit Vyas Advocate. For Respondents : Mr. Vibhanshu Sharma Advocate on behalf of Ms. Anita Agarwal Advocate. (2 of 6) [CW-13683/2025] HON'BLE MR. JUSTICE ANAND SHARMA Judgment 16/02/2026 1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondents for release of their retiral benefits, namely gratuity, leave encashment and commutation of pension, along with interest from the date the same became due till actual payment. 2. The brief facts, giving rise to the present petition, are that the petitioners retired on attaining the age of superannuation on 30.09.2023, 31.07.2024, 30.06.2023, 31.12.2024, 31.08.2021 and 31.05.2022 respectively from the posts of Clerk Grade- II/Section Officer from Vardhaman Mahaveer Open University (hereinafter referred to as “the University”). It is not in dispute that subsequent to petitioners' retirement, only provisional Pension Payment Orders were issued in their favour, fixing their provisional pension. However, petitioners' retiral dues including gratuity, leave encashment and commutation of pension have not been released till date. 3. It is the case of the petitioners that no departmental inquiry, vigilance proceeding or disciplinary action is pending against them. Despite repeated personal requests and a written representation dated 22.08.2025 sent through speed post, the respondents have failed to release petitioners' legitimate retiral benefits. The petitioners have further submitted that S. B. Civil Writ Petition No. 7670/2018 titled Basant Kumar Jain & Others vs. Vardhaman Mahaveer Open University, Kota & Another is pending (3 of 6) [CW-13683/2025] before this Court wherein the issue relating to grant of benefits of 5th Pay Commission and audit objection is under consideration and the effect and operation of order dated 20.03.2018 has been stayed by this Court vide order dated 11.04.2018. The petitioners are also amongst petitioners therein. According to the petitioners, the respondents have withheld their retiral benefits on account of the said pending dispute relating to pay scale. 4. Learned counsel for the petitioners submits that retiral benefits are statutory and vested rights accruing to an employee upon retirement and cannot be withheld in absence of any pending departmental or judicial proceedings. It is contended that the pendency of litigation relating to pay fixation cannot be used as a pretext to deny statutory retiral dues. Reliance has also been placed upon order dated 31.07.2025 passed by Co-ordinate Bench of this Court in S.B. Writ Misc. Application No. 65/2023 filed in S.B. Civil Writ Petition No. 2582/2022 (Ravindra Shringi vs. The Registrar, Vardhman Mahaveer Open University & Another), wherein, in similar circumstances, the respondents were directed to release retiral dues along with interest at the rate of 9% per annum. It is, thus, urged that the action of the respondents is arbitrary and violative of Articles 14 and 21 of the Constitution of India. 5. No reply to the writ petition has been filed by the respondents, yet, learned counsel for the respondents orally submits that the petitioners’ pay fixation under 5th Pay Commission is under challenge in S. B. Civil Writ Petition No. 7670/2018 titled Basant Kumar Jain & Others vs. Vardhaman Mahaveer Open University, Kota & Another, pending against (4 of 6) [CW-13683/2025] Vardhaman Mahaveer Open University, in which the petitioners are also parties. Since the issue of pay scale is subjudiced and audit objections have been raised, the final determination of retiral benefits is dependent upon the outcome of the said writ petition. 6. It is submitted by learned counsel for the respondents that release of gratuity and other retiral dues on the basis of a disputed pay scale may result in recovery proceedings if the pending matter is decided against the petitioners, thereby causing financial and administrative complications. The respondents, being custodians of public funds, have acted prudently and bona fide in withholding final settlement until the dispute attains finality. The petitioners has already been sanctioned provisional pension; therefore, there is no complete denial of benefits. The action of the respondents is neither arbitrary, nor malafide, but is justified in view of the pending litigation and audit objections. It is, thus, prayed that the writ petition be dismissed or any direction, if issued, be made subject to final outcome of the pending writ petition. 7. Heard rival submissions of learned counsel for the parties and perused the material available on record. 8. It is not disputed that the petitioners retired on on 30.09.2023, 31.07.2024, 30.06.2023, 31.12.2024, 31.08.2021 and 31.05.2022 respectively and no departmental or disciplinary proceedings are pending against them. It is also not in dispute that only provisional pensions have been sanctioned to the petitioners and benefits of gratuity, leave encashment and commutation have not been released. (5 of 6) [CW-13683/2025] 9. The law is well settled that retiral benefits are not bounty, but earned rights of an employee. Gratuity is a statutory right and cannot be withheld, except in accordance with law. Leave encashment and commutation of pension are likewise payable upon retirement, unless specifically withheld under statutory provisions. The respondents have not placed on record any order indicating initiation or pendency of disciplinary proceedings against the petitioners. The mere pendency of a writ petition relating to pay scale fixation does not authorise the respondents to indefinitely withhold retiral dues. Even if a dispute regarding pay scale is pending adjudication, the respondents are under an obligation to release retiral benefits at least on the basis of admissible pay scale, subject to the final outcome of the pending litigation. 10. This Court also takes note of order dated 31.07.2025 passed by Co-ordinate Bench of this Court in S.B. Writ Misc. Application No. 65/2023 filed in S.B. Civil Writ Petition No. 2582/2022 (Ravindra Shringi vs. The Registrar, Vardhman Mahaveer Open University & Another), wherein in identical circumstances, directions were issued to release retiral benefits along with interest at the rate of 9% per annum. The principle of parity requires that similarly situated employees be treated alike. Withholding of retiral dues without authority of law amounts to arbitrary exercise of power and is violative of Article 14 of the Constitution of India. Retiral benefits are meant to secure post- retirement livelihood and any unreasonable delay in their disbursement causes undue financial hardship. (6 of 6) [CW-13683/2025] 11. In view of the foregoing discussion, this Court is of the considered opinion that the petitioners are entitled to release of their retiral benefits and the action of the respondents in withholding gratuity, leave encashment and commutation is unjustified and illegal. Consequently, the writ petition deserves to be allowed. 12. Accordingly, the writ petition is allowed. The respondents are directed to calculate and release the petitioners’ retiral benefits, namely gratuity, leave encashment and commutation of pension, in accordance with applicable rules, within a period of two months from the date of receipt of certified copy of this judgment. The petitioners shall also be entitled to interest at the rate of 9% per annum on the aforesaid retiral dues from the date they became due till the date of actual payment. In case the aforesaid amounts are not released within the stipulated period of two months, the same shall thereafter carry enhanced interest at the rate of 12% per annum. 13. Pending applications, if any, stand disposed of. (ANAND SHARMA),J MANOJ NARWANI/66