CW 9630/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9630/06 Lal Chand Versus RSRTC & Ors. DATE OF ORDER : 06/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Akhil Simlote, for petitioner Smt. Saroj Choudhary, for respondents *** Petitioner while holding the post of Conductor retired from service on attaining age of superannuation on 30th June, 2005. He filed instant petition with the grievance that certain dues to which he was entitled for under law has been arbitrarily withheld by the respondents. In Para 3 of reply, it has been averred by the respondents that certain payments were made, but at the same time, it has been further averred that Corporation has imposed ban on the payment of arrear weekly holiday, gazetted holiday & selection scale and so far as dearness allowance is concerned, it is under process at the Corporation level. For the aforesaid reason, payment could not have been made to the petitioner and as regards entitlement with regard to payment, of which reference has been made supra, it has not been disputed by the respondents. While filing rejoinder by the petitioner, it has been averred that those who CW 9630/06 [2] retired after him on 31st July, 2005 Ratan Lal Soni S/o Shri Chandanmal Soni and so also those who retired in June/July, 2006 payments, which were due and payable have been made. In such circumstances, action of the Corporation in withholding retiral dues is not legally sustainable. Even otherwise, once payment became due and payable to a retired person under law, the same could not have been withheld by the respondents by putting a ban on payments where entitlement has not been disputed and such action on the part of respondent Corporation to withhold payment of a retired person cannot be appreciated. Consequently, writ petition stands allowed. Respondents are directed to release balance payment of retiral dues, which have been withheld by the respondents i.e. payment of arrear weekly holiday, gazetted holiday & so also selection scale and of dearness allowance if not paid so far because of so-called ban imposed and after its due computation, the same may be paid to him along with interest @9% from the date it became due till its actual payment. Respondents may ensure compliance within three months. No costs. [AJAY RASTOGI], J. FRBOHRA9630CW06 6-2.doc