Bharatpur (Rajasthan) v. Smt. Manju Rajpal, Secretary, Department Of School

Judgment

1. Smt. Manju Rajpal, Secretary, Department Of School Education, Government Secretariat, Jaipur, Rajasthan. 1A. Shri Krishna Kunal, Secretary, Department Of School Education, Government Secretariat, Jaipur, Rajasthan.

2. Sh. Himanshu Gupta, Director, Primary And Secondary School Education, Bikaner, Rajasthan. 2A. Shri Aasish Modi, Director, Primary And Secondary Education, Bikaner, Rajasthan.

3. Sh. Shahab Singh, District Education Officer, Primary Education, Bharatpur, Rajasthan.

4. Sh. Bharat Lal Meena, Block Elementary Education Officer

Weir, District Bharatpur, Rajasthan. 4A.shri Ram Gopal Meena Block Elementary Education Officer, Weir, District Bharatpur, Rajasthan.

5. Sh. Sultan Singh, Director, Department Of Pension, Jyoti Nagar, Jaipur

6. State Of Rajasthan, Through Secretary, Department Of School Education, Government Secretariat, Jaipur Rajasthan ----Respondents For Petitioner(s) : Mr.R.A.Katta with Mr.M.K.Dhakad For Respondent(s) : Mr.S.S.Naruka, AAG with Mr.Sachin Singh Rathore HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order [2025:RJ-JP:33481-DB] (2 of 6) [CCP-1526/2019] 25/08/2025 AVNEESH JHINGAN, J:-

1. This petition is filed pleading willful disobedience of the orders dated 31.10.2018 and 30.05.2019 passed by learned Single Judge and Division Bench of this Court respectively.

2. The petitioner approached this Court by filing writ petition raised a grievance for grant of selection scale on completion of eighteen and twenty seven years of service and further gave effect to fifth and sixth pay commission. The writ petition was allowed directing the respondents to give selection scale and to fix the pension and retiral benefits.

3. The prayer of learned counsel for the petitioner that no provisional pension has been given due to non-fixation of the salary was noted and directions were issued to release the provisional pension. Further direction was that the petitioner would be entitled to receive 9% interest on the entire arrears on account of refixation as well as 9% interest on arrears of the pension and the other retiral benefits including gratuity encashment of earn leave. The Director of Elementary Education was directed to fix the accountability of the person concerned instrumental in delaying the payment and fixation of pay, the writ petition was allowed with cost of Rs.50,000/- to be recoverable from the person found to be responsible. The relevant paras of the order is reproduced herebelow:- “4. In the background of the aforesaid, if we examine the facts of the case of the petitioner, the petitioner was entitled to the first selection scale as per aforesaid circular 12.12.2012 in the pay scale of Rs.6500-10500 as she had [2025:RJ-JP:33481-DB] (3 of 6) [CCP-1526/2019] completed 10 years as Senior Teacher as on

10.9.2006. the benefit of pay scale of Rs.7500- 12000 would be available on completion of 27 years of service. In view of the change of the circular from 9, 18, 27 to 10, 20, 30 years of service. Third selection scale available in the year 2005 for the petitioner as she completed 30 years as in 2005. Accordingly, she was entitled to fixed in the pay scale of Rs.7500-12000. On completion of 18 years of service as Teacher Grade-II in view of the circular dated 18.10.12. The corresponding pay scale of Rs.7500-12000 is 9300-34800 with Grade Pay of Rs.5400. The petitioner's fixation shall be done accordingly and respondents are directed to accordingly refixing her pension and retiral benefits. Counsel for the petitioner at this stage also submits that the respondents have not released her pension as her fixation was not made.

5. This court notices that provisions of Rule 1996 provide for release of provisional pension. Taking note that the petitioner has not been even granted the provisional pension and has retired, it is directed that the petitioner would be entitled to receive 9% interest on the entire arrears on account of refixation as well as 9% interest on the arrears of the pension and other retiral benefits including gratuity encashment of earn leave.

6. The Director of Elementary Education is directed to fix the accountability of the concerned person who has been instrumental in delaying the payment and fixation of pay of the petitioner and also not releasing the provisional pension.

7. The writ petition is accordingly allowed with costs which is assessed at Rs.50,000/- which [2025:RJ-JP:33481-DB] (4 of 6) [CCP-1526/2019] shall be recoverable from such persons accounted for. The exercise shall be positively completed within a period of three months from the date of receipt certify copy of this order, failing which the petitioner shall be free to file contempt petition without further notice to the respondents.”

4. The State of Rajasthan preferred D.B.Special Appeal Writ No.654/2019. The appeal was partly allowed on 30.05.2019 and no interference was made on merits of the order of the learned single judge. However, directions to fix the responsibility was set aside and the costs were waived. Directions were issued that the revision and refixation of the grades granted by learned single judge and consequent pay scale as well as revision of pension along-with all differential payments shall be made by a separate order and the amounts be disbursed within twelve weeks. Operative part of the order is quoted herebelow:- “A direction issued to the Director, Elementary Education to enquire and fix responsibility, is hereby set aside. Likewise, the costs required to be paid are also waived and set aside. In the peculiar circumstances, the Court hereby directs that the revision and refixation of the grades granted by the Single Judge and consequent pay scale as well as revision in the the 6th Pay Commission recommendations, revision of pension along with all differential payments, shall be made by a separate order and the amounts be disbursed within twelve weeks from today. The appeal is party allowed, in the manner indicated above.” [2025:RJ-JP:33481-DB] (5 of 6) [CCP-1526/2019]

5. The review petition filed by the State of Rajasthan in special appeal was dismissed on 23.04.2021.

6. The only issue surviving is that the interest @ 9% as granted by learned single judge vide order dated 31.10.2018 has not been paid.

7. Learned counsel for the petitioner submits that the respondents had sought budget allotment for payment of the interest amount vide letters dated 08.08.2023 and 25.08.2023 but vide communication dated 24.09.2023, it was subsequently decided that no interest was payable.

8. Learned counsel for the respondents submits that the special appeal was partly allowed but there was no direction to pay the interest.

9. The contention made by learned counsel for the respondent lacks merit. The Division Bench did not interference with the order passed by learned single judge on merits. The only relief granted was striking down of the directions to fix responsibility of the erring official and the costs were waived. Further the time for compliance of the directions of learned single judge was extended. The respondents were aware of this and asked for the budget for payment of the interest but later on for the reasons best known took stand that no interest is payable.

10. In the interest of justice, one more opportunity is given to the respondents to comply with the direction of payment of interest @ 9% as directed by learned single judge within eight weeks from today. The petitioner shall be provided calculations of the interest along-with payment. [2025:RJ-JP:33481-DB] (6 of 6) [CCP-1526/2019]

11. The contempt petition is disposed of. The petitioner shall be at liberty to avail remedies, if aggrieved of the calculations of interest. In case of failure to comply with the directions, the petitioner shall be at liberty to file an application for revival with an advance copy to the respondents. In the eventuality of such an application being filed, the Director, Elementary Education shall remain present before the Court on the first date of hearing. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J Monika/3 Whether Reportable: No