Desh Raj Kanwat v. State Of Rajasthan

Judgment

#1. State Of Rajasthan, Through The Director, Secondary Education, Jaipur Division, Shiksha Shankul, J.l.n. Marg, Jaipur.

#2. The Dy. Director, Secondary Education, Jaipur Division, Shiksha Shankul, J.l.N. Marg, Jaipur.

#3. The Director, Directorate Of Pension And Pensioners Welfare, Government Of Rajasthan, Jyoti Nagar, Jaipur.

#4. The District Education Officer, Alwar. ----Respondents For Appellant(s)

: Mr. R.K. Mathur, Sr. Adv. with Mr. Aditya Kiran Mathur, Adv. For Respondent(s) : Mr. S.M. Sharma, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT 01/09/2025 Order

#1. The challenge is to the order dated 16.03.2023 passed by learned Single Judge in S.B. Civil Writ Petition No.11630/2021, whereby the learned Single Judge passed the following order:- “Hon’ble Apex Court in the case of Ex-Capt. Harish Uppal Vs. Union of India & Anr. reported in (2003) 2 SCC 45 has held that the Court is under an obligation to hear and decide the case brought before it and it cannot shirk that obligation only because the lawyers have decided to abstain from the judicial work. Looking to the short controversy involved in this petition, this Court thought it proper to peruse the file and decide the matter on its merits. [2025:RJ-JP:35039-DB] (2 of 6) [SAW-415/2023] Instant petition has been filed by the petitioner with the following prayer:- “It is, therefore, prayed that this petition may be allowed and : I) By issuing an appropriate writ, order or direction, the respondents be directed to make the full payment of gratuity amount to the petitioner with interest @ 12% per annum to be calculated from 1.11.2010. ii) By issuing an appropriate writ, order or direction, the respondents be directed to determine the final pension of the petitioner and same be paid with effect from 1.11.2010. iii) By issuing an appropriate writ, order or direction, the respondents be directed to pay entire retiral benefits as per entitlement of the petitioner as on 1.11.2020 immediately. iv) By issuing an appropriate writ, order or direction the respondents be directed to make the full salary for the suspension period with effect from 21.11.2007 to 31.03.2009 with interest @ 12% per annum. v) Pass any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case in favour of the petitioner. vi) Award the costs of the petition in favour of the petitioner” Petitioner has put appearance in person and submits that he was appointed on the post of Senior Teacher and he stood retired from the said post on 31.10.2010 after attaining the age of superannuation. He further submits that a departmental inquiry was pending against him and the same was dropped on 31.10.2014. He further submits that the respondents started making payment of the provisional pension, but till date he has not received any amount of gratuity. He submits that appropriate directions be issued to the respondents to release the due amount of retiral benefits to him along with interest as per the Rajasthan Civil Services (Pension) Rules, 1996 (for short ‘the Rules of 1996’). Per contra, counsel for the respondents has opposed the arguments raised by the petitioner and submits that a criminal case FIR No. 78/2007 was registered against the petitioner in which charge-sheet was submitted against him and the petitioner is facing trial before the competent Court of law. He submits that as per the Rules of 1996, provisional [2025:RJ-JP:35039-DB] (3 of 6) [SAW-415/2023] pension is being paid to the petitioner. He further submits that as per Rule 90 (c), the petitioner was not entitled to get any amount of gratuity because of the pendency of criminal case against him. He further submits that by Notification dated 12.10.2021, Rule 90 of the Rules of 1996 has been amended by Rajasthan Civil Services (Pension) (Amendment) Rules, 2021. He further submits that as per amended Rule 90 (iii) (c) (i), now the petitioner is entitled to get fifty percent amount of gratuity and accordingly as per the amended Rules, GPO No.0141-3322412 (R) has been proposed and issued and gratuity amount of Rs. 2,67,119/- would be paid to the petitioner. Petitioner admits that the aforesaid order regarding payment of half of the gratuity has been passed by the respondents vide order dated 18.01.2023 but till date he has not received the said amount in his account. Petitioner submits that the amendment was made in the Rules of 1996 vide Notification dated 12.10.2021 but even after passing of sixteen months, the respondents have withheld payment of half of the gratuity amount without any justified reason. Hence, the petitioner is entitled to get the amount with interest @ 9% for the delay caused by the respondents. The prayer made by the petitioner appears to be genuine. This fact is not in dispute that vide Notification dated

12.10.2021, Rule 90 of the Rules of 1996 has been amended as under:- “4. Amendment of rule 90.- In rule 90 of the said rules,- (i) the existing heading shall be substituted by the following, namely:- "90. Provisional pension and provisional retirement gratuity where departmental or judicial proceedings are pending.-"; (ii) in clause (b) of sub-rule (1),- (a) for the existing punctuation mark ".", appearing at the end, the punctuation mark ":" shall be substituted; and b) the following new proviso shall be added, namely:- "Provided that no recovery shall be made from provisional pension paid under sub-rule (I), 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." [2025:RJ-JP:35039-DB] (4 of 6) [SAW-415/2023] (iii) the existing clause (c) of sub-rule (I) shall be substituted by the following, namely:- "(c) in respect of the Government Servant referred to in sub-rule (4) of rule 7, the provisional retirement gratuity may be paid as under,- (i) fifty percent amount of gratuity to the Government Servant against whom departmental proceedings have been instituted under rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 or against whom criminal case involving moral turpitude or offence relating to his official duty is pending; and (ii) twenty percent of amount of gratuity to the Government Servant against whom amount of House Building Advance has been set apart for recovery out of retirement gratuity at the time of grant of House Building Advance or against house rent of Government Accommodation is due."; and (iv) the existing sub-rule (2) shall be substituted by the following, namely:- "(2) The provisional retirement gratuity paid under clause ( c) of sub-rule (l),- (i) shall be adjusted against final retirement gratuity sanctioned to such Government servant upon conclusion of departmental proceeding or Judicial proceedings and if amount paid is in excess of amount payable, such excess amount shall be recovered; and (ii) shall be recovered from the Government servant who is removed or dismissed from the service on finalization of departmental proceedings under rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 Or criminal case involving moral turpitude or offence relating to his official duty.” Instant petition stands disposed of with direction to the respondents to make the payment of half of the gratuity amount to the petitioner forthwith as per amended Rule 90 (iii) (c) (i), within a period of two months from the date of receipt of a certified copy of this order. In addition, the respondents are further directed to pay interest @ 9% per annum w.e.f. 12.10.2021 till the actual date of payment. Stay application and all applications (pending, if any) also stand disposed of accordingly.” [2025:RJ-JP:35039-DB] (5 of 6) [SAW-415/2023]

#2. Learned Senior Counsel informs that after the judgment was pronounced, the appellant has been acquitted in the criminal case and exonerated in the departmental enquiry.

#3. In view thereto, the learned counsel for the appellant submits that the provisions of Rule 90(c) of the Rajasthan Civil Services(Pension) Rules, 1996(herein after referred as the ‘Rules of 1996’)would cease to operate and that the petitioner would be entitled to receive the complete gratuity and other post retiral benefits.

#4. We have considered the submissions.

#5. Keeping in view the aforesaid, the appeal has been rendered otiose and the judgment passed by the learned Single Judge was in the circumstances as they existed on the day when the judgment was passed. At that stage, the provisions of Rule 90 of the Rules of 1996 would apply as the criminal case was pending, however, the order passed by the learned Single Judge would now have no effect.

#6. In view of the subsequent acquittal, the appellant may submit a representation along with copies of the judgment passed by the concerned trial Court to the authorities who would release all his post retiral benefits and the complete gratuity amount. Since he has been acquitted, he would also be entitled to receive interest @ 9% per annum as available in the Rules.

#7. The present special appeal (writ) stands disposed of with direction to the respondents to make the payment of half of the gratuity amount to the petitioner forthwith as per amended Rule [2025:RJ-JP:35039-DB] (6 of 6) [SAW-415/2023] 90 (iii) (c) (I), within a period of two months from the date of receipt of a certified copy of this order.

#8. In addition, the respondents are further directed to pay interest @ 9% per annum w.e.f. 12.10.2021 till the actual date of payment.

#9. Stay application and all applications (pending, if any) also stand disposed of accordingly. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/70