Aji Ram S/O Ghisi Ram vs State Of Rajasthan
2021 Latest Caselaw 676 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 3666/2019

Aji Ram S/o Ghisi Ram, Aged About 61 Years, R/o Village
Pendaka, Tehsil Nagar, District Bharatpur, Presently Posted At
Patwar Mandal Khesti, Tehsil Nagar, District Bharaptur.
                                                                      ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Revenue, Government Of Rajasthan, Government
        Secretariat, Jaipur.
2.      The District Collector (Land Record), Bhartpur, Rajasthan.
3.      The Tehsildar, Tehsil Nagar, District Bhartpur.
                                                                 ----Respondents

For Petitioner(s)        :     Mr. R.P. Vijay
For Respondent(s)        :     Ms. Archana on behalf of
                               Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

22/01/2021

1. The issue involved in this writ petition stands already

covered by the judgment passed by this Court in Sultan Singh

Meena Vs. State of Rajasthan & Ors.- S.B. CWP

No.16808/2017 decided on 11.01.2021 and earlier cases

wherein this Court has held that appeal against acquittal would

not come in the way for release of retiral benefits. In the present

case also the petitioner was acquitted of offences alleged under

Prevention of Corruption Act vide judgment dated 27.09.2001.

The petitioner who was under suspension earlier, was reinstated

vide order dated 18.02.2002 and was further promoted as Land

Record Inspector on 16.12.2016 and retired on 31.07.2018. On

(2 of 2) [CW-3666/2019]

attaining the superannuation, the retiral benefits have not been

released namely commutation and gratuity etc. While the

petitioner had paid 100% provisional pension keeping in view the

law as settled by this Court in Sultan Singh Meena's case

(cited supra) and earlier judgments rendered by this Court.

2. Accordingly, the present writ petition is allowed. The

respondents are directed to release all retiral benefits to the

petitioner from the date they were due namely 31.07.2018. The

arrears shall carry interest @9% per anum as provided under the

laws.

3. The compliance shall be made positively within a period

of two months from the date of submission of certified copy of this

order.

4. No costs.

(SANJEEV PRAKASH SHARMA),J

NAVAL KISHOR /218

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