Kishore vs State Of Rajasthan
2023 Latest Caselaw 174 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14403/2021

Kishore S/o Mangatu Ram, Aged About 70 Years, By Caste Harijan, Resident Of 19, Panch Mouka Puliya, Harijan Basti, Pali (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Local Self Government, Secretariat, Jaipur, Rajasthan.

2. The Executive Officer, Municipal Board, Pali (Raj.).

3. The Director, Directorate Of Pension And Pensioners Welfare Department, Jaipur (Raj.).

4. Joint Director, Pension And Pensioners Welfare Department, Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Lokesh Mathur For Respondent(s) : Mr. Rajesh Parihar Mr. Ravi Panwar

JUSTICE DINESH MEHTA

Order

05/01/2023

I.A.No.01/2022:-

For the reasons stated, the application seeking early hearing

of the case is allowed.

The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 14403/2021

1. The petitioner has approached this Court with a grievance

that in spite of the fact that petitioner has retired ten years ago,

his pension case has not been processed.

(2 of 2) [CW-14403/2021]

2. The facts that have come on record are that the petitioner

was initially convicted under Section 302 of Indian Penal Code by

learned Sessions Judge, Pali per viam judgment dated 01.11.2003

whereafter his appeal was allowed by the High Court and the

conviction was overturned by the order dated 21.04.2010.

3. The respondents are not processing petitioner's case and

insisting upon the petitioner to bring a certificate of 'no appeal'.

4. Mr. Mathur, learned counsel for the petitioner submits that

the petitioner cannot produce such a certificate as no law provides

for such certificate. He however asserts that no appeal has been

filed against the order of acquittal passed by the High Court on

21.04.2010.

5. Mr. Ravi Panwar, learned AGC appearing on behalf of the

Pension Department frankly submits that the respondents have

enquired at their own level, so also from the concerned Municipal

Board, Pali and it has been informed that no appeal has been

preferred against the order of the High Court.

6. In view of the aforesaid, the present petition stands disposed

of with a direction to the respondents to process the petitioner's

pension case in accordance with law as early as possible,

preferably within a period of three months from today.

(DINESH MEHTA),J 121-akansha/-

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