Case Tittle: Jitendra Kumar Jain v. State of Rajasthan
Date of Decision: August 19, 2023
Case ID: S.B. Civil Writ Petition No. 4193/2008
Presiding Judge: Hon’ble Mr. Justice Anoop Kumar Dhand
Intro:
In the S.B. Civil Writ Petition No. 4193/2008 before the High Court of Judicature for Rajasthan at Jaipur, Jitendra Kumar Jain, a petitioner who had retired as a Revenue Inspector, sought the release of his retiral benefits that had been withheld. The petitioner’s retirement was on September 26, 2006, but even after several years, his dues had not been disbursed. The case revolved around the delay in releasing the pensionary benefits and the reasons cited by the respondents, including an audit objection and unpaid rent.
Facts:
Jitendra Kumar Jain, the petitioner, had taken voluntary retirement from his position as a Revenue Inspector on September 26, 2006. However, despite a considerable period having elapsed since his retirement, his retiral dues remained unpaid.
One of the key issues was an audit objection that had been raised prior to Jain’s retirement, suggesting an irregularity in the pay scale provided to him. The petitioner argued that the respondents had replied to this objection, refuting any irregularity, and had requested the deletion of this audit remark. Nevertheless, his retiral benefits were not released.
Additionally, the respondents had claimed that Jain owed rent for overstay in residential premises. A notice demanding payment was issued in 2007, but the petitioner did not comply.
Judgment:
The Court, after careful consideration, held that withholding the entire retiral dues of the petitioner due to the audit objection and unpaid rent was unjustified. It emphasized that even if there were concerns about unpaid rent, this should not have led to the retention of the entire retiral dues.
The Court directed the respondents to release all retiral dues to the petitioner, along with interest at a rate of 9% per annum, within three months of receiving a certified copy of the order. It allowed for the deduction of the due rent amount from the retiral dues at the time of the final payment, following due process.
The judgment also included a general mandamus to all State departments, instructing them to strictly adhere to the mandatory provisions regarding pension and gratuity payments within the stipulated time. The Court highlighted the importance of promptly settling post-retiral claims to avoid unnecessary litigation and ordered that non-compliance could result in cost liability for the erring officials.
The Chief Secretary of the State was directed to ensure the effective implementation of this order and submit a compliance report within two months.
The matter was listed for further review on October 16, 2023, to monitor compliance.
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Written by Yagya Agarwal
