S.B.CIVIL WRIT PETITION NO.4034/2004 B.D.Purohit vs. State of Rajasthan & Ors. Order dated 20.5.2010 1/4 S.B.CIVIL WRIT PETITION NO.4034/2004 B.D.Purohit vs. State of Rajasthan & Ors. Date of order : 20.5.2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr.S.D.Purohit, for the petitioner. Mr.K.K.Bissa, for the respondents. Heard learned counsel. The prayer made in the present writ petition is that the respondents may be directed to finalise the pension case of the petitioner and make payment of retiral benefits to him for the period during which he served the State Government. The petitioner was initially appointed as LDC in the department of Civil Supplies of erstwhile Jodhpur State on 22.10.1948 and became the employee of the State Government on merger of States in the year 1950. The petitioner served in various positions in the State Government up to 27.4.1967 when he was sent on deputation to Jodhpur University as Assistant Accounts Officer. The petitioner is said to have retired from the post of Deputy Registrar on 28.2.1991. For the period during which he served the Jodhpur University from 27.4.1967 to 28.2.1991, the S.B.CIVIL WRIT PETITION NO.4034/2004 B.D.Purohit vs. State of Rajasthan & Ors. Order dated 20.5.2010 2/4 petitioner is being paid pension. The claim of the petitioner is that the period prior to his deputation to Jodhpur University i.e. for 19-1/2 years during which period he served the State Government and the UIT Jodhpur, his pension claim is not being decided by the competent authority. According to learned counsel for the petitioner, the delay has affected his pension amount which is liable to be increased for the period of service in the State Government from 22/10/1948 upto 27.4.1967. Learned counsel for the respondent pension department, Mr. K.K.Bissa, drawing the attention of the Court towards para 16 of the reply submitted that Directorate of Pension returned back the pension claim of the petitioner to UIT vide letter dated 13.6.1995 to complete certain formalities which are enumerated in the said reply as under: “i) Sanction for pension from appointing authority be obtained ii) Pension option is not annexed. iii)The copy of order of absorption in the University be annexed. iv)The particulars of deposit contribution towards S.B.CIVIL WRIT PETITION NO.4034/2004 B.D.Purohit vs. State of Rajasthan & Ors. Order dated 20.5.2010 3/4 pension fund during the period of deputation be mentioned.” In the end of this para of reply, the State Government has also stated that reminders were sent to UIT and whenever the pension claim of the petitioner is received from the UIT after completing the necessary formalities, the same will be disposed of. From the said reply of the State Government, it appears that the claim of the petitioner for pension for the period he has served the State Government in different capacities up to 24.7.1967 is not disputed, but the same is not being decided. From the reply of the State Government, the Court does not find any plausible ground on which the decision on the pension claim of the petitioner can be delayed for this long a period. Pension department will adjudicate the final pension claim of the petitioner only after the pension case of the petitioner is prepared by the State Government through the competent authority for the period for which the petitioner served the State Government from 22.10.1948 to 27.4.1967. S.B.CIVIL WRIT PETITION NO.4034/2004 B.D.Purohit vs. State of Rajasthan & Ors. Order dated 20.5.2010 4/4 Accordingly, this writ petition is disposed of by directing the competent authority of the respondent NO.1 Finance Department of Government of Rajasthan which is stated to Director, Treasury and Accounts, Jaipur to decide the pension case of the petitioner within a period of two months from today. The necessary formalities in this regard, if any, may be completed by the respondent No.4 UIT and other concerned departments if any within the said period. The pension case upon being decided, will be forwarded to be Pension Department namely the respondent No.2- Director, Pension Department, Jaipur, who will pass appropriate orders redetermining the amount of total amount of pension payable to the petitioner. All this exercise be completed within four months from today. If the petitioner's case is not decided within a period of four months, the petitioner will be entitled to interest on the delayed payment after the said period and the respondents may also render themselves liable for contempt action. No order as to costs. [DR. VINEET KOTHARI],J. item no.57 baweja/-