S.B. Civil Writ Petition No. 6414/2009. Case: Ishra Ram Vs State of Rajasthan and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 6414/2009
JudgesDinesh Maheshwari, J.
IssueRajasthan Civil Services (Pension) Rules, 1996 - Rule 89
Citation2012 (1) WLN 513
Judgement DateJanuary 03, 2012
CourtRajasthan High Court

Judgment:

Dinesh Maheshwari, J.

  1. The petitioner Ishra Ram, who had been serving on the post of driver with the Dy. Director Government Agriculture Research Centre, Mohangarh, District Jaisalmer and who retired voluntarily w.e.f. 31.05.2000, has filed this writ petition stating the grievance against denial of payment of his retiral dues; and has sought directions against the respondents for payment of arrears, interest and compensation.

  2. Put in brief, the relevant background aspects of the matter are that though the petitioner voluntarily retired from service with effect from 31.05.2000 but an order came to be passed by the respondents on 20.11.2000 alleging that he was mistakenly given a jump from the pay of Rs. 565/- (in the pay scale of Rs. 490-840) to the pay of Rs. 610/-; and proposing to effect certain recoveries after reducing his pay while asserting that the mistake was required to be rectified. Aggrieved, the petitioner preferred an appeal before the Rajasthan Civil Services Appellate Tribunal ('the Tribunal') with the submissions that he was unnecessarily being denied the retiral benefits and with the prayer for quashing of the said order dt. 20.11.2000. The respondents contended before the Tribunal that they had made the payment of the earned leave and insurance amount; and that they had proposed to make payment of provisional pension but this proposal was declined by the petitioner himself. It was contended that an amount of Rs. 97,491/- was recoverable from the petitioner because of jump in pay wrongly given; and that the pension case of the petitioner could not be finalised for this reason.

  3. In its order dt. 25.02.2002 (Annex.P/1), the Tribunal found no justification in the impugned order dt. 20.11.2000 whereby the benefit given to the petitioner-appellant 15 years back was sought to be withdrawn; and that too, only after his retirement and without notice. The Tribunal allowed the appeal, set aside the order dt. 20.11.2000, and directed finalisation of the pension case of the petitioner within three months. The Tribunal ordered as under:-

  4. The respondents herein chose to prefer a writ petition in this Court (CWP No. 3730/2002) against the order so passed by the Tribunal. It was contended that the jump as given to the petitioner had been a mistake that could always be rectified. The learned Single Judge, however, was not impressed with the submissions made in the writ petition; and observed that the writ petitioners (respondents herein) had not been able to show as to what was the mistake committed and such an assertion could not be accepted on mere ipse dixit of the authorities. The...

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