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2019 DIGILAW 2339 (RAJ)

Chand Dhangar v. State of Rajasthan Through The Additional Chief Secretary-cum-development Commissioner

2019-08-29

S. RAVINDRA BHAT

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JUDGMENT S. Ravindra Bhat, C.J. - The writ petitioner had sought directions for release of pension. He was appointed as Teacher Grade-III in 1960 by the State of Rajasthan; he was subsequently promoted as Teacher Grade-II and thereafter further promoted to the cadre of Teacher Grade-I. On 31.05.1998, upon attaining the age of superannuation, the petitioner retired from the services of the State. 2. Complaining that the respondent-State did not fix or release pension or for that matter release any superannuation benefits (Gratuity, Provident Fund etc.), the present writ petition was filed. 3. The State resisted these proceedings and filed reply. In the State's counter affidavit, the petitioner's claim for pension or superannuation benefits was declined on the ground that a charge-sheet was issued and disciplinary proceedings were pending at the time of his superannuation under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules. The respondent also stated that an order of penalty was issued. These averments were denied by the petitioner in the rejoinder. 4. The order of this Court on 16.05.2001, passed in the context of the relative allegations of the parties, is as follows:- "Today the original record has been produced by the learned counsel for the respondents which contains only a preliminary enquiry conducted against the petitioner on certain allegations by one Shri M.S. Dhaka, B.D.O., Panchayat Samiti, Jhunjhunu which was forwarded to the Chief Executive Officer, Jhunjhunu on 7.4.1994. There is neither any charge sheet, nor any disciplinary proceedings initiated against the petitioner under Rule 16 of the said Rules, available on record. Learned counsel for the respondents states that this is only the record available with the Department. Page No.1 to 33 of the record are initialed by the Court master of this Court and the record has been returned back to the learned counsel for the respondents. The relevant photo-stat copes of the documents have also been placed on the record for perusal of this Court. It seems that the respondent No.3 i.e. the Director-cum-Special Secretary, Rural Development and Panchayat Raj Department, Government of Rajasthan has tried to mislead this Court by filling a total false affidavit by saying that the petitioner was chargesheeted under Rule 16 of the said Rules and even he had been punished. The record produced by the respondents does not contain any charge-sheet. The record produced by the respondents does not contain any charge-sheet. It is a fit case where the respondent No.3 by name and the officer-in-charge who had filed the affidavit viz Shri Pokhar Mal S/o Bhiwa Ram, B.D.O., Panchayat Samiti, Mohana be issued notice under Contempt of Court as to why they be not punished for not only filing false affidavit but also for misleading the Court. This action of contempt is being suo moto taken by this Court." 5. Further proceedings and order sheets would indicate that the respondent's officers tendered an apology, consequent upon which the contempt proceedings were dropped. Subsequently on 26.06.2001, Pension Payment Order (PPO) was issued in favour of the petitioner, in regard to the pensionary benefits and pension. The only surviving grievance is with respect to interest payable on delayed pension and the superannuation benefits. 6. It is evident from the factual narration that the petitioner was deprived of pension and superannuation benefits at a time when he needed that support perhaps the most. Record shows that he retired on 31.05.1998; pension and other benefits were ultimately released after the respondents made false pleas, which were disproved in Court, on 16.05.2001 i.e. over more than three years. 7. In these circumstances, the Court is of the considered opinion that the respondents should pay interest having regard to the settled jurisprudence in this regard. The respondents are directed to pay interest @ 18% per annum, for the duration that the amounts were withheld i.e. 31.05.1998 to 20.06.2001. 8. A copy of this order shall be directly marked to the Principal Secretary, Education Department and respondent No.6- Director, Pension and Pensioners Welfare Department, Government of Rajasthan who shall take appropriate action and ensure that amouts are determined and paid to the petitioner within 8 weeks from today. 9. The writ petition is allowed in the above terms.