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2011 DIGILAW 325 (RAJ)

Kalyan Singh v. State of Rajasthan

2011-02-11

GOVIND MATHUR

body2011
JUDGMENT 1. - The petitioner entered in the services of the respondent being appointed as Constable much back in the year 1947. The disciplinary authority under an order dated 20.3.1973 retired him compulsorily while exercising powers under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958' hereinafter) and allowed 3/4th part of pension as well as gratuity. At the time of retirement, a sum of Rs. 24/- was determined as his pension. The pension so given was not at all revised by the respondents, thus, the petitioner preferred a petition for writ (SBCWP No.839/2009) before this Court and that came to be disposed of2 on 6.2.2009, with a direction to the State to consider and decide the representation, if the petitioner submits the same to the respondents within a period of 15 days from the date of order. A representation then submitted by the petitioner came to be rejected by the Superintendent of Police, Jaisalmer with assertion that the pension of petitioner was detained by the competent authority and that could have been resettled by the Directorate of Pension only, and as such, no further action on part of the police department was required. 2. By this petition for writ, the petitioner is again claiming for revision of his pension as per Rules. 3. A reply to the writ petition has been filed on behalf of the Department of Pension and Pensioners Welfare and also by the Deputy Treasurer, Pokran. According to the reply aforesaid, the pension was granted to the petitioner as per Rule 172(A) of the Rajasthan Service Rules, 1951 (for short 'the Rules of 1951' hereinafter), thus, he is not entitled for any revision therein. 4. Rule 172(A) of the Rules of 1951 prescribes a mode and restrictions for payment of pension on placement of a Government servant under compulsory retirement by way of penalty. 5. The provision aforesaid nowhere restricts for revision of pension time to time as per rules. The respondents without having any authority refused to make revision of pension of the petitioner and he is yet getting a meagre amount as pension. The pension of the petitioner is required to be revised in accordance with the rules as and when made since 1973. 6. This petition for writ is accordingly allowed. The respondents without having any authority refused to make revision of pension of the petitioner and he is yet getting a meagre amount as pension. The pension of the petitioner is required to be revised in accordance with the rules as and when made since 1973. 6. This petition for writ is accordingly allowed. The respondents are directed to revise the petitioner's pension as revision made time to time since 1973. Such revision is required to be made on or before 18.4.2011. The petitioner shall also be entitled to receive all the arrears accrued to him as a consequent to revision made in pension with interest @ 6.5% p.a. A cost of Rs. 25,000/- is also required to be paid to the petitioner.Writ Petition Allowed. *******