Sahi Ram Vishnoi vs State Of Rajasthan
2022 Latest Caselaw 5152 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6926/2019

Sahi Ram Vishnoi S/o Shri Ram Kishan, Aged About 62 Years, Resident Of Nokhada Charnan, Via Aau, Tehsil Phalodi, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Director, Department Of Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

2. The Director, Department Of Elementary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. The Director, Department Of Pension And Pensioner Welfare, Jaipur, Rajasthan.

4. The Secretary, Department Of Law, Government Of Rajasthan, Jaipur, Rajasthan.

5. The Additional Director, Pension And Pensioners Welfare Department, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Nishant Motsara. For Respondent(s) : Mr. Pankaj Sharma, AAG.

Mr. Pratyushi Mehta for Mr. Sandeep Shah, Sr. Advocate.

Mr. Ravi Panwar, AGC.

HON'BLE MS. JUSTICE REKHA BORANA

Order

06/04/2022

The present writ petition has been filed with a prayer for

grant of the retiral benefits to the petitioner which was earlier

withheld because of the pendency of criminal matter against him.

In the reply submitted by the respondent - Department, it

has specifically been stated that the pensionary benefits of the

petitioner were withheld on account of lack of information about

(2 of 2) [CW-6926/2019]

the disposal of the criminal proceedings against the petitioner

which were registered for offences under NDPS Act. It has further

been stated in the reply that the petitioner has been acquitted

vide judgment dated 17.02.1993 and no appeal as of date has

been filed by the State Authorities against the said order.

In view of the submissions made in the reply by the

respondent - Department, it is clear that after the acquittal of the

petitioner in the criminal matter, there is no valid ground with the

respondent - Department to withhold his pensionary benefits.

Therefore, the present writ petition of the petitioner is

allowed. The respondents are directed to release the pensionary

benefits of the petitioner within a period of three months from the

date of receipt of the copy of the present order.

All the pending applications also stand disposed of.

(REKHA BORANA),J 38-Sachin/-

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