Rajasthan High Court - Jodhpur
Prem Singh vs The State Of Rajasthan ... on 20 May, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:24368]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3874/2025
Prem Singh S/o Shri Vijay Singh, Aged About 70 Years, Resident
Of House No. 113, Masjid Road, Kumbha Nagar, Chittorgarh.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Home
Department, Government Of Rajasthan, Jaipur.
2. The Director General Of Police, Rajasthan, Jaipur.
3. The Superintendent Of Police, Chittorgarh.
4. The Director Pension, Rajasthan, Jaipur.
5. The Superintendent of Police, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Khet Singh Rajpurohit
For Respondent(s) : Mr. Raj Singh Bhati and
Mr. Samarjeet Singh Bhati for
Mr. Rituraj Singh Bhati, G.C.
Mr. Mahaveer Pareek, AGC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
20/05/2025
The present writ petition has been filed with the following
prayers:-
"a) By an appropriate writ, order or direction, the
respondents may kindly be directed to pay all the service
benefits and retiral benefits including leave encashment
amount, gratuity and pension without prejudice to the
pendency of criminal appeal.
b) By an appropriate writ, order or direction, respondents
may kindly be directed to release the entire gratuity
amount and pay the remaining salary of the suspension
period.
[2025:RJ-JD:24368] (2 of 3) [CW-3874/2025]
c) By an appropriate writ, order or direction, the
respondents may kindly be directed to prepare the final
PPO after fixation and regularization of his pension case
in view of the order dated 03.04.2020 and pay the all
arrears with interest at the rate of 18% per annum till the
date of actual payment."
Learned counsel for the petitioner submits that the
controversy involved in the present writ petition is squarely
covered by a judgment rendered by this Court at Jaipur Bench in
D.B. Civil Writ Petition No.12437/2012 (H.R. Choudhary Vs.
Central Administrative Tribunal, Jaipur and Ors.) decided on
27.01.2017 in the following terms:-
"A superannuated employee has no other source of
income. Any deprivation of superannuation benefits
therefore has serious consequences for the retired
employee and his family. He may have to garner
resources at this stage at considerable cost to maintain
his standard of living or alternately be forced to reduce
his standard of living for no fault of his. Pension and
gratuity are not bounty but constitute a right to property
under Article 300A of the Constitution which cannot be
deprived except in accordance with law.
The withholding of full pension and gratuity is
therefore held to be arbitrary and illegal. The Petitioner is
held entitled to full pension from date of superannuation
alongwith gratuity and other superannuation benefits, if
any. The Respondents shall pay interest on Gratuity as
provided for in Rule 68 of the Pension Rules or any
statutory interest as the case may be. Relying on (1994)
2 SCC 406 (R.R.Bhanot v. Union of India) the Petitioner is
held entitled to interest on the arrears of pension @12%
p.a. from the date of superannuation till the actual date
of payment.
The order to be complied with within a maximum
period of two months from the date of receipt and/or
[2025:RJ-JD:24368] (3 of 3) [CW-3874/2025]
production of a copy of this order failing which the
Petitioner shall be entitled to 18% interest. The
Respondents in that event shall be at liberty to fix
responsibility and recover the 6% interest from the erring
official. The order of the Tribunal is set-aside.
The writ petition is allowed."
Learned counsel for the respondents is not in a position to
refute the submissions made by learned counsel for the petitioner.
In view of the discussion made above, the present writ
petition is allowed and the respondents are directed to pay all
service and retiral benefits including leave encashment amount
and gratuity within a period of eight weeks from the date of
receipt of the certified copy of this order.
(VINIT KUMAR MATHUR),J
21-Payal/-
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