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2025 DIGILAW 1721 (RAJ)

Prof. Retired Ravi Gunthe, S/o. Lt. Sh. v. n. Gunthe VS Jnvu, Through Registrar, Jodhpur

2025-11-04

FARJAND ALI

body2025
ORDER : FARJAND ALI, J. 1. The petitioner has approached this Court seeking a writ in the nature of mandamus, directing the respondent-University to release his last month’s salary, arrears of salary for 2 months and 12 days, pension, gratuity, commutation, leave encashment, arrears of selection grade under CAS, and provident fund. The petitioner has also sought interest on the delayed amounts at the rate of 18% per annum from 31.08.2017 until actual payment and, additionally, seeks that respondents 2 to 5 be held personally liable for their alleged illegal and irresponsible actions. 2. The facts relevant and necessary for disposal of the instant Writ Petition are that the petitioner was appointed as Assistant Professor in the Department of Psychology, Faculty of Arts, Jai Narayan Vyas University, Jodhpur, vide appointment letter dated 01.10.1984, and assumed charge on 07.11.1984. His services were regularized in 1986, and he was promoted to Associate Professor in 1988 and subsequently to Professor in 2001, with seniority reckoned from his prior service. On 17.08.2015, he was designated as Head of the Department (HOD) of Psychology and continued in this capacity until his retirement on 31.08.2017. However, the relieving letter was issued belatedly on 12.09.2017, covering the period post-retirement, during which the petitioner continued to discharge his duties and mark attendance through the biometric system. 2.1. Prior to retirement, the petitioner obtained No Due Certificates (NDCs) from all departments except his own (Psychology) and the Accounts Department. During this process, a minor discrepancy in library records was rectified by the petitioner through payment of Rs. 4,219/-, and corresponding receipts were duly issued. Despite compliance with all procedural requirements under Regulations 32–34 and 50 of the University Regulations, 1990, the respondents delayed finalization of his pension, gratuity, commutation, leave encashment, provident fund, arrears of selection grade under CAS, and last month’s salary. 2.2. Repeated representations by the petitioner to the Registrar, Financial Comptroller, and other authorities went unheeded. Even after issuance of reminders and a legal notice, the respondents failed to release the retiral benefits, thereby denying the petitioner his lawful entitlements and infringing upon his fundamental rights. At no stage was any deficiency attributable to the petitioner, as the Regulations cast the duty of preparing and processing the pension and other benefits squarely on the University. Consequently, the petitioner approached this Hon’ble Court seeking direction for immediate release of all retiral benefits with consequential dues. 3. At no stage was any deficiency attributable to the petitioner, as the Regulations cast the duty of preparing and processing the pension and other benefits squarely on the University. Consequently, the petitioner approached this Hon’ble Court seeking direction for immediate release of all retiral benefits with consequential dues. 3. Learned counsel for the petitioner submitted that the respondents’ persistent inaction and failure to issue the No Due Certificates (NDCs) from the Department of Psychology and Accounts has inflicted substantial financial and professional prejudice upon the petitioner. Despite having fully complied with all procedural formalities and there being no outstanding dues, the respondents arbitrarily withheld the petitioner’s pension, gratuity, commutation, leave encashment, arrears of selection grade, provident fund, and salary for 2 months and 12 days, contrary to the Regulations, 1990, particularly Regulations 32 to 34, which mandate the timely disbursement of retiral benefits. 3.1. Counsel emphasized that the respondents offered no justification for the delay of over five months, while all other departmental NDCs were processed promptly. The petitioner’s refusal to issue an NDC for Prof. Asha Kinra, who had not returned official documents and library books, triggered a campaign of coercion and harassment by Respondent No. 2, including threats, manipulation of the resignation letter, and undue pressure referencing the Governor’s office. 3.2. It was further submitted that the petitioner had consistently acted with integrity and diligence, even depositing Rs. 60,000/- from his personal funds to settle the dues of Prof. Asha Kinra, thereby safeguarding University property. The respondents’ conduct, driven by personal enmity and mala fide intent, constitutes arbitrariness and discrimination in violation of Articles 14 and 16 of the Constitution of India. 3.3. Counsel submitted that the petitioner continued to discharge his duties as Professor until 12.09.2017, duly marking attendance and availing leave in accordance with University norms, and is therefore entitled to salary for the intervening period. Counsel further contended that, under Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996, the petitioner is entitled to interest at the rate of 18% per annum on all delayed retiral dues. It was emphasized that the respondents’ deliberate inaction and mala fide conduct, without any lawful justification, has caused the petitioner significant financial hardship and violated his fundamental rights under Articles 14 and 16 of the Constitution of India. It was emphasized that the respondents’ deliberate inaction and mala fide conduct, without any lawful justification, has caused the petitioner significant financial hardship and violated his fundamental rights under Articles 14 and 16 of the Constitution of India. In light of these submissions, counsel urged that the petitioner is entitled to the immediate release of all retiral benefits, including consequential monetary relief, and prayed that the instant writ petition be allowed by directing the respondents to discharge their statutory obligations forthwith. 4. Learned counsel for the respondents submitted that the writ petition is premature and devoid of merit, involving disputed factual questions not amenable to adjudication under writ jurisdiction. The petitioner has failed to complete mandatory No Dues Certificates (NDCs) from all concerned departments, which is a prerequisite under the Regulations, 1990, for finalizing pension and retiral benefits. A provisional pension order was already issued on 23.05.2018 (Annexure R/1). 4.1. It was contended that the petitioner retired by operation of law on 31.08.2017, and the formal relieving order was issued on 12.09.2017. Entitlement to benefits, including salary for the intervening period, arises only after submission and verification of all NDCs. Departmental verification revealed outstanding items (Annexure R/3), which the petitioner was informed of. Allegations of mala fide conduct and personal enmity are emphatically denied, and the issuance of NDC to Prof. Asha Kinra was valid. 4.2. Counsel further argued that Rule 89 of the Pension Rules does not apply, as retiral benefits are payable only after competent authority authorization and completion of all formalities. Consequently, the writ petition deserves dismissal. 5. I have heard the counsel for the parties and gone through the niceties of the matter minutely and perused the material available on record. 5.1. Upon hearing learned counsel for the parties and perusing the record, the Court notes that the petitioner was appointed as Assistant Professor in the Department of Psychology, Jai Narayan Vyas University, Jodhpur, on 01.10.1984 and assumed charge on 07.11.1984. Over the years, he was promoted to Associate Professor in 1988 and Professor in 2001, with seniority reckoned from prior service, and held the position of Head of the Department of Psychology from 17.08.2015 until his retirement on 31.08.2017. Over the years, he was promoted to Associate Professor in 1988 and Professor in 2001, with seniority reckoned from prior service, and held the position of Head of the Department of Psychology from 17.08.2015 until his retirement on 31.08.2017. The petitioner has consistently discharged his duties with diligence and integrity, complying with all procedural obligations, including rectifying minor discrepancies in library records and obtaining No Due Certificates (NDCs) from all departments except his own and the Accounts Department. 5.2. It is observed that the respondents delayed the disbursement of the petitioner’s last month’s salary, pension, gratuity, commutation, leave encashment, arrears of selection grade under CAS, and provident fund for a prolonged period. Repeated representations, reminders, and legal notices issued by the petitioner were initially ignored. This unexplained delay, though later rectified in part, constitutes arbitrary and unreasonable action on the part of the University and amounts to a dereliction of statutory duty, affecting the petitioner’s lawful entitlements under Articles 14 and 16 of the Constitution of India. 5.3. The Court notes that the coordinate Bench of this Court, in its order dated 19.01.2022, had directed payment of arrears pursuant to the 7th Pay Commission and gratuity, and had emphasized that unexplained delays in payment would attract interest. Subsequent submissions by the University disclose that provisional pension was sanctioned on 23.05.2018, full pension is being paid vide PPO dated 01.06.2021, salary for two months and leave encashment amounts were paid, and gratuity in two installments (Rs. 5 lakh on 16.11.2021 and Rs. 5 lakh on 21.01.2022) has been released. The arrears of the 7th Pay Commission were credited to the petitioner’s account on 31.01.2022. It is further submitted that the delay in releasing dues was attributable solely to the non-submission of NDC from the Department of Psychology, and not on account of any disciplinary proceedings against the petitioner. 5.4. In view of the fact that the respondent-University has made payment of all retiral benefits with unexplained delay, the Court is of the view that interest is payable to the petitioner for the period during which payments were delayed beyond a reasonable time. Consequently, the respondents are directed to pay interest at the rate of 5% per annum from two months after the petitioner’s retirement (i.e., from 31.10.2017) until the date of actual payment of each component of the dues. Consequently, the respondents are directed to pay interest at the rate of 5% per annum from two months after the petitioner’s retirement (i.e., from 31.10.2017) until the date of actual payment of each component of the dues. The requisite interest shall be paid within a period of two months from the date of receipt of this order. 5.5. It is further observed that any outstanding dues which have not yet been released must be paid without further delay. The respondents are directed to ensure that such payments are made within two months from the receipt of a copy of this order. Any procedural lapses or formalities which have hitherto impeded finalization of the petitioner’s retiral benefits shall be rectified immediately. 6. In view of the above, the writ petition is allowed to the extent indicated. The respondents-University are directed to pay interest on delayed amounts at 5% per annum after two months from 31.10.2017 until the date of actual payment. Any remaining dues, if not yet paid, shall be released within two months from the date of receipt of this order. All formalities necessary for the finalization of the petitioner’s retiral benefits shall be completed without further delay. 6.1. The stay petition stands disposed of.