Rajasthan High Court - Jodhpur
Suresh Dutt Joshi vs The State Of Rajasthan ... on 1 August, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:31926]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12354/2024
Suresh Dutt Joshi S/o Shri Dev Dutt Joshi, Aged About 76 Years,
R/o Joshi Building, Veer Mohalla, Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Secondary Education, Govt. Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The Deputy Director, Secondary Education, Jodhpur,
Rajasthan.
4. The District Education Officer, Secondary Education,
Jodhpur, Rajasthan.
5. The Secretary, Shri Sumer Pushtikar Senior Secondary
School, Jodhpur, Rajasthan.
6. The Secretary, Shri Pushtikar Education Trust, Jodhpur,
Rajasthan.
7. Chairman, Shri Pushtikar Education Trust, Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mukesh Rajpurohit
Ms. Dimple Rajpurohit
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/08/2024
1. The instant writ petition has been preferred on behalf of the
petitioner seeking the following relief :-
(i) By an appropriate writ, order or
direction, the Writ Petition may kindly be
allowed and the Respondent may be directed
to release the Gratuity amount of
Rs.3,22,005/- within the stipulated period as
may be directed by Hon'ble Court;
[2024:RJ-JD:31926] (2 of 4) [CW-12354/2024]
(ii) Respondent may be directed to release
the amount of interest on the total retirement
benefits i.e. Gratuity, Leave Encashment along
with Interest @ 12% per annum from the date
of superannuation i.e. 31.03.2009 to till the
date within the stipulated period as may be
directed by Hon'ble Court."
2. Learned counsel Shri Mukesh Rajpurohit, appearing for the
petitioner, would contend that initially the petitioner was appointed
in the respondent institute on the Post of Teacher in the year 1975
and whereafter he was selected on the post of Head Master in the
year 1985. He was superannuated from the service on
03.03.2009. As a matter of routine, he was supposed to receive all
the retiral benefits soon after his superannuation but the same
was not done promptly by the respondent Department which
constrained the petitioner to approach to this Court. He filed the
writ petition being S.B. Civil Writ Petition No.10755/2016 which
came to be allowed vide order dated 26.11.2021 in light of the
decisions rendered by this Court in S.B. Civil Writ Petition
No.9026/2013 titled as Satya Narayan Sharma & Ors. Vs.
State of Rajasthan & Ors. decided on 23.01.2014 and in S.B.
Civil Writ Petition No.3020/2007 Dr. (Miss) Urmila Singhvi Vs.
The State of Rajasthan & Ors. decided on 17.11.2011. The
operative part of the following order reads as under:-
"Accordingly, this writ petition is allowed
in terms of the above referred decisions of this
Court.
The respondent-School shall make
payment of the retiral dues and leave
encashment dues to the petitioner within a
period of three months from today. After
making payment of retiral dues and leave
encashment to the petitioner, the same shall be
claimed by the respondent-School for
[2024:RJ-JD:31926] (3 of 4) [CW-12354/2024]
reimbursement before the respondent-State by
way of allowable aid to the aided schools. The
State Government is expected to make such
reimbursement expeditiously."
3. It was expected from the respondent-authorities to honour
the order passed by a co-ordinate Bench of this court but to the
utter dismay, the same was not done which further constrained to
the petitioner to move a contempt petition bearing S.B. Writ
Contempt No.670/2022 which came to be disposed of on
20.12.2023. A bare perusal of the Para No. 9 of the aforesaid
order revealing that an amount of Rs. 1,62,00,609/- was paid to
the petitioner but the grief of the petitioner that certain amount
viz., gratuity amount of Rs. 3,22,005/- was not paid to him and
interest on leave encashment was also not provided.
4. Heard.
5. After going through the orders dated 26.11.2021 and
20.12.2023 and the other material annexed with the instant writ
petition, it is observed that the old man has been pushed to shunt
from pillar to post for the relief he deserves. A considerable long
time has elapsed for getting the dues. It was incumbent upon the
respondent-authorities to honour the judgment passed by a co-
ordinate Bench of this Court on 26.11.2022 promptly but having
not done so, the Officers has shown their contumacious attitude
which constrained to the petitioner to move a contempt petition.
After the decision of the contempt petition, Rs.1,62,00,609/- has
been paid but the rest retiral benefits have not been paid to him,
this seems to be a glaring example of either dereliction of duty or
obstinacy of the Officers concerned.
[2024:RJ-JD:31926] (4 of 4) [CW-12354/2024]
6. In this view of the matter, the instant writ petition is allowed
and it is ordered that the gratuity amount of Rs. 3,22,005/-
without interest shall be paid to the petitioner within a period of
60 days after receipt of a copy of this order.
7. Stay petition also stands disposed of.
(FARJAND ALI),J
38-divya/-
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