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Rajasthan High Court - Jodhpur

Naseem Khan vs State Of Rajasthan (2026:Rj-Jd:15167) on 2 April, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:15167]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 6977/2026

Naseem Khan S/o Bhure Khan, Aged About 61 Years, R/o Bamba
Gundiyo Ki Gali Rahaman Sahab Ki Hawali, Jodhpur, Rajasthan.
                                                                      ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through The Secretary, Local Self
         Government      Department,           Government           Of   Rajasthan,
         Secretariat, Jaipur.
2.       The Director, Local Self Government Department, Jaipur,
         Rajasthan.
3.       The     Director,       Pension        And        Pensioners      Welfare
         Department, Government Of Rajasthan, Jaipur.
4.       The Commissioner, Municipal Corporation, North, Jodhpur.
5.       The Deputy Director (Regional), Local Self Government
         Department, Jodhpur, Rajasthan.
6.       The Deputy Commissioner, Municipal Corporation, North,
         Jodhpur.
7.       The Additional Director, Regional Office, Pension And
         Pensioners      Welfare         Department,              Government     Of
         Rajasthan, Jaipur.
                                                                   ----Respondents


For Petitioner(s)            :   Mr. Jitendra Choudhary



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

02/04/2026

1. The instant writ petition has been filed with the following

prayers:

"1. The present writ petition filed by the humble petitioner may kindly be allowed with costs throughout.

2. The respondents may be directed to immediately finalize the pension case of the petitioner by issuing the Pension Payment Order (PPO) in favor of the Petitioner and to release the regular Monthly Pension along with the entire amount of

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arrears of Pension accrued since his retirement on 30-09- 2024.

3. The respondents may be directed to ensure the immediate payment of Provisional Pension to the petitioner in accordance with Rules 86 and 90 of the Rajasthan Civil Services (Pension) Rules, 1996, during the period required for finalization of the permanent pension process.

4. The respondents may be directed to pay interest @ 9% per annum on the delayed payment of all pensionary benefits and arrears, calculated from the date of retirement, i.e., 30- 09-2024, until the actual date of payment.

5. In alternate direct the Respondents to compute, finalize, and release all other 'remaining pensionary benefits with interest at the rate of 9% per annum from the date of retirement (30.09.2024) until the date of actual payment."

2. Brief facts of the case, in nutshell, are that the petitioner was

appointed as a Safai Karmchari in the Municipal Corporation,

Jodhpur on 17.10.1996 and rendered unblemished service

throughout his tenure. From 27.08.2003, he was assigned duties

as a Vehicle Driver on a "Patey Vetan" basis due to his experience

and possession of a valid driving license. He retired on 30.09.2024

upon attaining superannuation, with no pending disciplinary or

judicial proceedings against him, and was issued a Last Pay

Certificate along with sanctioned leave encashment. However, his

pension was withheld by the Deputy Director (Regional) on

technical grounds relating to his ad-hoc promotion and pay

fixation. During the pendency of his pension case, his services

were regularized retrospectively from 17.10.1996, yet the

respondents issued a recovery notice dated 15.09.2025

demanding ₹4,43,584/- for alleged excess payment, making it a

condition for release of pension. The petitioner challenged this

action, and this Court, vide order dated 08.10.2025 passed in S.B.

Civil Writ Petition No.19683/2025, stayed the recovery, holding

that such recovery from a retired Class-IV employee is

impermissible. Despite the stay order and applicable pension

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rules, the respondents have failed to release even provisional

pension, compelling the petitioner to file the present writ petition

seeking release of pension and arrears.

3. Counsel for the petitioner submits that the issue involved in

the present writ petition is squarely covered by the order dated

07.11.2025 passed by the Coordinate Bench of this Court in the

case of Babu Girdharilal v. State of Rajasthan & Ors. :

SBCWP No.21553/2025; wherein, the Coordinate Bench of this

Court has directed respondents to issue the provisional pension to

the petitioner. The said order is reproduced hereunder:-

"1. Learned counsel for the petitioner submits that despite the clear entitlement, the respondents have not paid a single rupee towards pension, not even provisional pension, which is a statutory mandate under Rule 86 and 90 of the Rajasthan Civil Service (Pension) Rules, 1996, reference of which is being given hereinbelow:-

"Rule 86. Provisional Pension:-

(1) The various stages of action laid down in Rule 81 shall be strictly followed by the Head of Office. There may be an isolated case where, inspite of following the procedure laid down in Rule 81, it may not be possible for the Head of Office to forward the pension papers referred to in Rule 83 to the Director, Pension Department within the period prescribed in sub rule (4) of that rule or where the pension papers have been forwarded to the Director, Pension Department, within the prescribed period but the Director, Pension Department, Rajasthan, may have returned the pension papers to the Head of Office for eliciting further information before issue of pension payment order and order for the payment of gratuity. If the Head of Office in such a case is of the opinion that the Government servant is likely to retire before his pension and gratuity or both can be finally assessed and settled in accordance with the provisions of these rules, he shall without delay, take steps to determine the qualifying years of service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose, he shall -

(i) rely upon such information as may be available in the official records,

(ii) ask the retiring Government servant to file a written statement on plain paper stating the total

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length of qualifying service including details of emoluments last drawn but excluding the breaks and other non qualifying periods of service.

(2) The Government servant while furnishing the statement as in clause (ii) of sub rule (1) shall, at the foot of the statement make and subscribe to a declaration as to the truth of the statement.

(3) The Head of Office shall thereafter determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the official records and the information obtained from the retiring Government servant under sub rule (1). He shall, then determine the amount of provisional pension and the amount of provisional retirement gratuity.

(4) After the amount of pension and gratuity have been determined under sub rule (3), the Head of Office shall take further action as follows :-

(a) He shall issue a sanction in form 33 addressed to the Director, Pension Department, Rajasthan, authorising -

(i) 100% (percent) of pension as determined under sub rule (3) as provisional pension which shall remain valid till the pension case is finalised provisional by the Director, Pension Department.

(ii) 75 percent of the gratuity as provisional gratuity as determined under sub rule (3) if no amount of House Building Advance has been set apart for recovery out of Retirement/Death gratuity at the time of grant of HBA, otherwise not exceeding 20 percent of the gratuity as provisional gratuity.

(b) He shall indicate in the sanction letter the amount recoverable from the gratuity under sub rule (1) of Rule 85. Special care shall be taken for recovery of the amount set apart for adjustment from the retirement gratuity.

(c) On receipt of sanction of provisional pension from the Head of Office, the Director, Pension Department shall issue provisional Pension Payment Order and Gratuity Payment Order within a week positively.

(5) The amount of provisional pension and gratuity payable under sub rule (4) shall, if necessary, be revised on the completion of the detailed scrutiny of the records.

(6) (a) When the amount of final pension and the amount of final gratuity had been determined by the Head of Office the Directoral Department, Rajasthan, shall -

(i) issue the Pension Payment Order,

(ii) issue the Gratuity Payment Order authorising disbursement of the difference between the final amount of gratuity and the amount of provisional gratuity paid under sub clause (ii) of clause (b) of sub rule (4) after adjusting the

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Government dues, if any, which may have come to notice after the payment of provisional gratuity.

(b) If the amount of provisional pension disbursed to a Government servant under sub rule (4) is, on its final assessment found to be in excess of the final pension assessed by the Director, Pension Department, Rajasthan, it shall be open to the Director, Pension Department to adjust the excess amount of pension out of gratuity withheld under sub clause (ii) of clause (a) of sub rule (4) or recover the excess amount of pension in instalments by making short payment of the pension payable in future.

(c) If the amount of provisional gratuity granted and disbursed to a Government servant is found to be in excess of final gratuity assessed by the Director, Pension Department, he shall be called upon to refund such excess in the manner and subject to the conditions specified in rule 91.

Rule 90. Provisional pension where departmental or judicial proceedings may be pending:-

(1) (a) In respect of a Government servant referred to in sub rule (4) of Rule 7, the Director, Pension Department, Rajasthan, shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service upto the date of retirement of the Government servant, or if he was under suspension on the date of retirement upto the date immediately preceding the date on which he was placed under suspension.

Provided that in cases where pension case could not be prepared finally for one or the other reason the appointing authority shall sanction provisional pension in Form 33 after following procedure laid down in subrule (3) of Rule 86 and send the case to the Director, Pension for issue of Provisional Pension Payment Order till the Departmental Enquiry is finalised.

(b) The provisional pension shall be authorised by the Director, Pension Department, during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon: Provided that where departmental proceedings have been instituted under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, for imposing any of the penalties specified in clauses(i)

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and (ii) of Rule 14 of the said Rules, the payment of gratuity shall be authorised to be paid to the Government servant.

(2) Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period."

2. Even in the situation where a criminal proceeding is pending, provisional pension has to be started but that has not been done. Looking to the evil nature involved and the indefeasible right of the petitioner, this Court feels that there would no need of issue notice to the respondents, instead thereof, they can be directed to adhere with the procedure established by law.

3. In this view of the matter, the instant writ petition is allowed.

4. Stay petition stands disposed of.

5. The respondents are directed to immediately issue the provisional pension to the petitioner within a period of 40 days from now. Whereafter, the permanent pension process shall be completed expeditiously."

4. Thus, in view of the submissions made hereinabove, the writ

petition is allowed in the same terms as in the case of Babu

Girdharilal (supra).

5. The respondents are directed to immediately issue the

provisional pension to the petitioner within a period of 40 days

from now. Whereafter, the permanent pension process shall be

completed expeditiously.

(DR.NUPUR BHATI),J

13-/Devesh/-

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