Rajasthan High Court - Jodhpur
Mohan Singh Rathore vs State And Ors on 27 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1384/2016
Mohan Singh Rathore
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : Mr. Mohit Singhvi
For Respondent(s) : Mr. Digvijay Singh Jasol
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 20/01/2023
Pronounced on 27/01/2023
1. This civil writ petition under Article 226 of the Constitution of
India has been preferred claiming the following reliefs:
"It is therefore, most humble and respectfully prayed
before this Hon'ble Court that the record of the case may
kindly be called for and this Hon'ble Court may be pleased
to:
● Allow the instant writ petition filed by the petitioner
passed by the Hon'ble High Court of Rajasthan.
● Direct the Respondent to comply with the judgment
dated 10.03.2008 in its true letter and spirit:
● Direct the Respondents to award Petitioner his
rightful pensionary benefits along with the interest @ 9 %
upon the amount from the date of such pensionary benefits
become due till the date of payment.
● Order the Respondents to award compound interest
upon the entire sum of money which has remained due on
their part in non-compliance of the directions of the
Hon'ble High Court's judgment dated 10.08.2008.
(Downloaded on 30/01/2023 at 11:26:24 PM)
(2 of 4) [CW-1384/2016]
● Impose of heavy exemplary cost upon the
Respondents and awarding the same in favor and payable
to Petitioner for the inconvenience and hardship caused;
● Any other order which this Court may deem it fit and
appropriate in the interest of justice, equity and good
conscience may also be passed in favour of the humble
Petitioner".
2. Brief facts of the case as placed before this Court by
learned counsel for the petitioner are that the petitioner was
appointed on the post of 'Forester' in the Forest Department,
Government of Rajasthan on 01.09.1969; however, he took
voluntary retirement from the service on 30.09.1999.
Thereafter, the petitioner, while praying for the entire
payment of pensionary benefits, preferred S.B. Civil Writ
Petition No.608/2005, which was allowed by this Hon'ble
Court vide order dated 10.03.2008, while holding the
petitioner entitled for such benefits, and directed payment of
such benefits @ 9% per annum from the date such benefits
became due, owing to the delay caused in grant of the said
benefits to the petitioner. The necessary payment alongwith
interest was directed to be paid within a period of three
months from the date of production of the certified copy of
the said order.
2.1. In the present petition, learned counsel for the
respondents on 08.08.2016, brought a demand draft for a
sum of Rs.90,864/- calculated from the year of 1999 to 2005
in compliance of order dated 10.03.2008 (in S.B. Civil Writ
Petition No.608/2005), and the said payment was accepted
on behalf of the petitioner, under protest.
(Downloaded on 30/01/2023 at 11:26:24 PM)
(3 of 4) [CW-1384/2016]
3. Learned counsel for the petitioner submitted that the
petitioner has served the respondent-Department for a
period of 30 years to the utmost satisfaction of his higher
authorities, but the respondents, deliberately and wilfully, did
not make due compliance of the aforementioned order
10.03.2008 passed by this Hon'ble Court, in the earlier
petition preferred by the petitioner.
4. Learned counsel for the petitioner further submitted
that the calculation presented by the respondents is
unacceptable, being incorrect, on count of the fact that the
respondents are liable to pay the interest @ 9% per annum
till 08.08.2016, apart from the interest till 2005. Therefore,
as per learned counsel, the calculation sheet presented by
respondents is totally incorrect and deficient.
5. On the other hand, learned counsel for the respondents
opposed the aforesaid submissions made on behalf of the
petitioner and submitted that in compliance of the order
dated 10.03.2008 (in S.B. Civil Writ Petition No. 608/2005),
the respondent-Department, had already paid the full due
amount with interest @ 9% per annum, to the petitioner and
same was accepted on behalf of the petitioner, though under
protest.
6. Learned counsel for the respondents further submitted
that the sheet, showing the complete calculated amount, is
already on record as Annexure-R/1, which apparently shows
that the due pensionary benefits for the years 1999 to 2005
were duly paid with interest, and therefore, now nothing
survives in this petition.
(Downloaded on 30/01/2023 at 11:26:24 PM)
(4 of 4) [CW-1384/2016]
7. Heard learned counsel for the parties as well as
perused the record of the case.
8. This Court finds that the respondents, in compliance of
the order dated 10.03.2008 (in S.B. Civil Writ Petition No.
608/2005), paid the complete due amount towards
pensionary and other benefits with interest of 9% on
08.08.2016, calculation whereof is clearly reflected in the
document Annexure R/1; the said calculation, in the opinion
of this Court, is perfectly justified.
9. This Court further finds that the respondents have
made due compliance of the order dated 10.03.2008 (in S.B.
Civil Writ Petition No. 608/2005). Thus, looking into the
overall facts and circumstances of the present case, and the
material placed on record, this Court does not find that any
case is made out in the present petition, so as to warrant
interference by this Court.
10. Consequently, the present petition is dismissed. All
pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
Powered by TCPDF (www.tcpdf.org)
