Dr. Om Prakash Kuldeep Son of Shri Sohan Lal Kuldeep, aged v. State of Rajasthan, through Principal Secretary, Medical

Judgment

1. State of Rajasthan, through Principal Secretary, Medical and Health Services Department, Government Secretariat, Jaipur.

2. Director, Pension and Pensioners Welfare Department, Directorate of Pension and Pensioners Department, Kalyan Marg, Vidyut Marg, Jyoti Nagar, Jaipur-302005

3. Director (Public Health) Medical and Health Services, Directorate of Medical and Health, Swastha Bhawan, Tilak Marg, C-Scheme, Jaipur-302005.

4. The Superintendent of Mental Hospital, Jaipur, Govind Marg, Janta Colony, Jaipur. ----Respondents For Petitioner(s)

: Mr. Ashok Kumar Verma Dr. Om Prakash Kuldeep, petitioner in person For Respondent(s) : Mr. Dheeraj Tripathi, AGC Mr. Archit Bohra, AGC with Mr. Prakhar Jain HON'BLE MR. JUSTICE SUDESH BANSAL Order 09/07/2025

1. By way of filing instant writ petition under Article 226 of the Constitution of India, petitioner raised a grievance against respondents for non-release of pension and pensionary benefits after his retirement from the post of Deputy Superintendent, SMS Medical College, on attaining the age of superannuation on [2025:RJ-JP:25355] (2 of 5) [CW-3346/2023]

31.07.2019. The petitioner has also claimed interest on the pension and pensionary benefits.

2. In the reply of the respondents, it has inter-alia been contended that despite several written reminders to petitioner, he did not apply for pension kulak, which is a mandatory requirement, and submitted pension kulak through SSO I.D. to DDO only on 24.09.2022. Further, it has been stated that from the service record of the petitioner, it transpires that he was punished for willful absenteeism from 05.10.2014 to 05.07.2015 and such period of absenteeism was considered as his extraordinary leave; since the period of extraordinary leave is more than 6 months, the benefit of annual grade increment was required to be extended for one year and in that view, the last drawn salary of petitioner was revised to the tune of Rs.1,38,500/- and thereafter, the pension of petitioner was calculated and same has been released to the petitioner. Reply to the writ petition by the respondent was filed on

20.09.2023. The respondents have held petitioner responsible, for delay and negligence in not submitting the pension kulak.

3. The petitioner, in his rejoinder, filed on 23.11.2023, admitted the factum of submitting the pension kulak online on 24.09.2022, but stated that he has not received pension even thereafter.

4. When the matter came up on Board yesterday on

08.07.2025 before this Court, following order was passed:- “On behalf of respondents, it has inter alia been stated that Pension Payment Order (PPO) has been issued in favour of petitioner w.e.f. 06.10.2023 and pension is being paid to the petitioner. [2025:RJ-JP:25355] (3 of 5) [CW-3346/2023] Counsel for the petitioner, having instructions from the petitioner, states at Bar that petitioner has not received a single penny against the pension. Let petitioner be remain present before this Court on tomorrow. List tomorrow i.e. on 09.07.2025.”

5. Today, counsel for petitioner, in presence of petitioner, stated at Bar before this Court that petitioner has received a pension amount of Rs. 84,665/- per month in his bank account only for the Month of April, May and June, 2024, neither prior thereto nor thereafter, any pension amount has been received in the bank account of petitioner. E converso, counsel appearing on behalf of Pension Department, showed details of the pension amount released in the bank account of petitioner since Month of September, 2023 onwards. As per chart, following amounts have been released to the petitioner from the Month of September, 2023 to May, 2024 in his Bank Account No. 51033795512 in the name of Dr. Om Prakash Kuldeep, pursuant to Pension Payment Order (PPO) No. 1198171:- S.No. PPO No. Month Bill No. & date Net Paid Pension Amount

9. 1198171 September 2023 14698 118002 1198171 October 2023 1198171 November 2023 1198171 December 2023 1198171 January 2024 1198171 February 2024 1198171 March 2024 1198171 April 2024 1198171 May 2024 17-10-2023 15455 01-11-2023 17135 01-12-2023 19242 01-01-2024 20958 01-02-2024 23515 01-03-2024 26559 02-04-2024 28323 01-05-2024 30077 01-06-2024 118002 118002 118002 118002 90302 84665 84665 84665 [2025:RJ-JP:25355] (4 of 5) [CW-3346/2023]

6. Having perused the details of payment, allegedly released in the bank account of petitioner, petitioner, present in person, states that he has not checked his bank account details prior to the Month of April, 2024 also of period post to April 2024 and of year

2022. Petitioner deliberately concealed his bank statement for the Month of September, 2023 to March, 2024 and made a false statement of not receiving pension in this period.

7. This Court finds that the statement made by counsel for petitioner is ex facie incorrect, false and misleading to the Court. No person can be allowed to play hide and seek with the Court nor can be permitted to mislead the Court. The equitable jurisdiction under Article 226 of the Constitution of India cannot be exercised in favour of such person. It is true that the pension is a legal right of a retired Government employee within the scope of Rules of Rajasthan Civil Services (Pension) Rules, 1996, however, in the present case, it has transpired that the PPO No. 1198171 has already been released in favour of petitioner and since September, 2023 onwards, pension is being paid to the petitioner in his bank account.

8. Counsel for respondents submits that monthly pension from September, 2023 to May, 2024, details of which are mentioned hereinabove, has already been released in the bank account of petitioner, but thereafter from the Month of June, 2024 onwards, the monthly pension could not be released for want of submission of Life Certificate by the petitioner. Whenever, petitioner submits a Life Certificate before the respondents, pension w.e.f. June, 2024 onwards shall be released/paid to the petitioner in his bank account. [2025:RJ-JP:25355] (5 of 5) [CW-3346/2023]

9. Counsel for petitioner, although in his arguments, sought to question the quantum of pension amount and to claim the interest on the delayed release of pension, however, this Court is refraining itself to entertain such arguments, considering unfair conduct of petitioner with the Court and making a misleading statement before the Court. However, a liberty is granted to the petitioner to file a fresh writ petition in respect thereof, if any fresh cause of action arises to petitioner.

10. In the present writ petition, petitioner has raised grievance of non-release of pension and pensionary benefits to the petitioner. Since PPO has already been released and pension is being paid to the petitioner from the Month of September, 2023 onwards, further due arrears of pension from June, 2024 onwards would be paid soon after submission of the Life Certificate by the Petitioner, hence, the grievance of petitioner stands resolved and no further directions are required to be issued in that respect.

11. In view of above, the writ petition stands disposed of with liberty stated hereinabove.

12. Stay application and other pending application(s), if any, also stand disposed of. NITIN /201 (SUDESH BANSAL),J