Ramdarashan vs State Home Departmentors ...
2023 Latest Caselaw 1436 Raj/2

[2023/RJJP/001648]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 9442/2016

Ramdarash S/o Shivadhar, aged 61 years, R/o Khand Ganwari,
Pipli Mohhala, Near Civil Lines, District Kota, Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan Through Additional Chief Secretary,
         Home Department, Secretariat, Jaipur.
2.       Deputy      Secretary      To     The     Govt.,      Home    (Group    II)
         Department, Secretariat, Jaipur, Raj.
3.       Director General Of Police, Jaipur Rajasthan.
4.       Additional Director General Of Police (Intelligence), Jaipur,
         Rajasthan.
5.       The Superintendent Of Police, C.I.D. (Intelligence), Zone
         Kota, Rajasthan.
6.       Director, Department Of Pension, Pension & Pensioner
         Welfare Department, Jaipur.
                                                                   ----Respondents

For Petitioner(s)            :    Mr. D.N. Sharma
For Respondent(s)            :    Mr. P.S. Naruka for
                                  Mr. Rupin Kala



         HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                       Order

03/02/2023

Matter comes up on interim application no. 1/2022

indicating therein that the issue of payment of leave encashment

has already been decided by the Division Bench of this court in the

case of State of Rajasthan & Anr v. Shanker Lal Rajpurohit [D.B.

Special Appeal (Writ) No. 1833/2008, decided on 28.11.2022].

Counsel submits that at this stage the petitioner is

confining his prayer to the extent of release payment of the

[2023/RJJP/001648] (2 of 2) [CW-9442/2016]

amount of Privilege Leave in the light of judgment passed by

Division Bench in the case of Shanker Lal Rajpurohit (supra).

Counsel for the respondents opposed the arguments

raised by the counsel for petitioner. However, they are not in a

position to controvert the fact that the aforesaid limited issue has

already set at rest by Division Bench of this court in the case of

Shanker Lal Rajpurohit (supra), by holding as under :-

"In view of aforesaid decisions, we find that the order passed with respect to withholding of pension and gratuity is appropriate. However, the same shall be subject to decision of criminal appeal. In case, the respondent is acquitted, he may file representation to revise the order withholding pension and gratuity. However, so far as benefit of leave encashment is concerned, it is directed that appellant shall release payment of leave encashment in case it has not been released so far. However, with respect to regularizing the period of suspension, let the State Government issue a show cause and thereafter decide the question of regularization of period of suspension in accordance with the provisions contained in Rule-54 of the Rajasthan Service Rules, 1951."

In view of the aforesaid, the application is disposed of

and the writ petition is also disposed of in terms of the judgment

of Division Bench of this court in the case of Shanker Lal

Rajpurohit (supra), which shall apply mutatis mutandis to this

case also.

(ANOOP KUMAR DHAND), J.

.db/48

Powered by TCPDF (www.tcpdf.org)