JUDGMENT 1. - By this writ petition the petitioner seeks to quash the orders dated 1 November 29, 1999 and December 22, 1999 relating to petitioner and to direct the respondents to make payment of pension, Gratuity and commutation amount along with interest from September 30, 1997 and also compensation of Rs. 50,000/- for mental torture. 2. Contextual facts depict that the petitioner was initially appointed as Gram Sevak on October 1, 1965 and was posted at Nimbahera (District Chittorgarh). After completion of 20 years of service, the petitioner sought voluntary retirement from September 30. 1997, which was allowed by Vikas Adhikari Panchayat Samiti Manoharthana vide order dated July 2, 1997. After to the retirement the petitioner was entitled to get pension, gratuity, commutation benefits and other retiral benefits. Required no dues certificates were issued to petitioner by Vikas Adhikari Panchayat Samiti Manoharthana. When pension case was not finalised, the petitioner served a notice on October 15, 1999.On receiving the notice from the petitioner, the Vikas Adhikari shown recovery against the petitioner amounting to Rs. 1,78,797/- vide letter dated No /ember 29, 1999 and directed the petitioner to deposit the same. The Vikas Adhikari again issued the letter dated December 22, 1999 requiring to deposit the aforesaid amount. The petitioner contacted and showed the adjustments of various bills, according to which no amount could be recovered from the petitioner. When even after two years the pension case was not finalised and no pension was given to petitioner, instant writ petition has been filed. Learned counsel for the petitioner placed reliance on State of Raj. & Others v. B.L. Yadav, 2001 (3) Western Law Cases (Raj.) 651 . 3. The respondents filed reply to the writ petition and stated that the writ petition has been wrongly filed and the petitioner has alternative remedy s to approach before the Rajasthan Civil Services Appellate Tribunal Jaipur. It is stated that as certain amount was to be recovered from the petitioner therefore the pension case was not finalised. The petitioner incurred huge amount beyond the amount so sanctioned, therefore such amount is to be recovered from the petitioner and the no dues certificates were issued 10 without verification of the DRDA. As such the respondents prayed for dismissal of the writ petition. 4. I have heard the rival submissions and scanned the material on record. 5. The petitioner incurred huge amount beyond the amount so sanctioned, therefore such amount is to be recovered from the petitioner and the no dues certificates were issued 10 without verification of the DRDA. As such the respondents prayed for dismissal of the writ petition. 4. I have heard the rival submissions and scanned the material on record. 5. Rule 7 of the Rajasthan Civil Services Pension Rules, 1996 (for short is 1996 Rules') deals with recoveries of losses from the person. Rule 7 reads as under:- "7. Right of Governor to withhold or withdraw pension: (1) The Governor re-servers to himself the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period. and of ordering recovery from a pension of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment after retirement: Provided that the Rajasthan Public Service Commission shall be consulted before any final orders are passed: Provided further that where a part of pension is withheld or withdrawn, the amount of such pension snail not be reduced below the amount of (Rupees one thousand two hundred seventy five per mensem). (2) (a) The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service; Provided that where the departmental proceedings are instituted by an authority subordinate to the Governor, that authority shall submit a report recording its findings to the Governor. (b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment:- (i) shall not be instituted save with the sanction of the Governor, (ii) shall not be in respect of any event which took place more than four years before such institution, and (iii) shall be conducted by such authority and in such place as the Governor may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. (3) No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose, or in respect of an event which took place, more than four years before such institution. (4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in rule 90 shall be to sanctioned. (5) Where the Governor decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of a Government servant. (6) For the purpose of this rule:- (a) departmental proceedings shall be deemed to be instituted on the date on which the charges together with a statement of allegations on which they are based, or the proposal of Government to take disciplinary action together with the allegations on which it Is proposed to be taken, are issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and (b) judicial proceedings shall be deemed to be instituted:- (i) in the case of criminal proceeding, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and (ii) in the case of civil proceedings, on the date the plaint is presented in the court." 6. As already noticed no departmental or judicial proceeding was even instituted against the petitioner, therefore, the question of withholding the pension and other retiral benefits does not arise. Act of respondents in withholding the pension end other retiral benefits of the petitioner is arbitrary and violative of Article 14 of the Constitution of India. 7. For these reasons, I allow the writ petition and quash the impugned orders and direct the respondents to make payment of pension and other retiral benefits to the petitioner If any recovery is made from the petitioner, it shall be refunded. The petitioner shall also be entitled to the interest at the rate of 12% per annum from the date of filing the writ petition till pensionary benefits are paid to him. The respondents shall ensure the compliance of this order within ninety days from the date of receipt of copy of this order. There shall be no order as to costs.Writ Petition Allowed. *******