STATE OF RAJASTHAN v. MAHAVEER SINGH S/O SHRI MANGAL SINGH
SAW/958/2025 · 2026-04-16
Ashok Kumar Jain, Inderjeet Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6126 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6126 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:15987-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 958/2025
1. State Of Rajasthan, Through Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Secretariat, Jaipur
2. The Director, Ayurved Department, Ajmer.
3. The Senior Medical Officer, Government Ayurvedic, A Class Hospital, Bhinmal, Distt. Jalore. ----Appellants Versus
1. Mahaveer Singh S/o Shri Mangal Singh, Aged About 63 Years, Resident Of Village Jharana, Tehsil Faagi, District Jaipur.
2. The Registrar, Rajasthan Homeopathic Medicine Board, Sector 12, Mahaveer Marg, Mansarover, Jaipur. ----Respondents Connected With D.B. Special Appeal Writ No. 378/2024
1. The State Of Rajasthan, Through The Principal Secretary, Department Of Ayurved, Government Of Rajasthan, Secretariat, Jaipur.
2. The Assistant Secretary Department Of Ayurved, Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Department Of Ayurved, Government Of Rajasthan, Ajmer.
4. The Assistant Director, Pension And Pensioners Welfare Department, Government Of Rajasthan.
5. Rajasthan Board Of Homeopathic Medicine, Through Its Registrar, Sector-12, Near Phed Office, Thadi Market, Mahavir Marg, Mansarovar, Jaipur. ----Appellants Versus Om Prakash Gupta, Son Of Shri Kastoor Chand Gupta, Aged About 62 Years, Resident Of 26-B Shubham Vihar, Near Mahesh Nagar, Jaipur Rajasthan. ----Respondent
[2026:RJ-JP:15987-DB] (2 of 3) [SAW-958/2025] For Appellant(s) : Mr. Sameer Khan for Mr. Bhuwnesh Sharma, AAG For Respondent(s) : Mr. Abhishek Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 16/04/2026
Learned counsel for the respondents submits that the issue involved in these appeals has been considered by a Co-ordinate Bench of this Court in the matter of State of Rajasthan & Ors. Vs. Mahesh Dutt Sharma & Anr. (D.B. Special Appeal Writ No. 1169/2017) decided on 27.10.2017, wherein it has been held as under:-
“1. Having hearing learned counsel for the appellant, we find no merit in the appeal.
2. The respondent was an employee of the Rajasthan Board of Homeopathic Medicine from 21.7.1971 to 31.12.1997. His services were transferred to the Ayurved Department where he worked till he superannuated from the service.
3. As an employee of the Rajasthan Board of Homeopathic Medicine when he took employment benefit of a contributory provident fund scheme was extended. The respondent paid money in the contributory provident fund account. In the year 1996, Rajasthan Civil Services (Pension) Rules, 1996 were promulgated. The respondent opted for pension. He faced the problem of depositing back the contributory provident fund dues which he received.
4. The learned Single Judge vide impugned order held that Ayurved Department and the Homeopathy Board could not resolve the issue inter-se.
[2026:RJ-JP:15987-DB] (3 of 3) [SAW-958/2025]
5. The direction issued is to pay pension to the respondent reckoning the entire service rendered by him commencing from when he joined duty under the Homeopathy Board. The contributory provident fund amount received by the respondent has been directed to be adjusted. After the impugned order was passed the respondent deposited the amount which he has received, but the demand draft was returned to him on
11.10.2017.
6. There is no infirmity in the impugned order.
7.
Learned counsel for the appellant states that cost in sum of ₹.50,000/- may be waived. The impugned order does not impose cost in the sum of ₹.50,000/-. It is lump-sum amount to be paid to the respondent because no interest on delayed pension has been ordered by the learned Single Judge. ₹.50,000/- is towards interest as also the litigation expenses imposed by the respondent.
8. The writ appeal is dismissed.” In that view of the matter, these special appeals are hereby dismissed.
(ASHOK KUMAR JAIN),J (INDERJEET SINGH),J MR/Anand/201-202