1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION (LETTER PETITION) NO.5025/2005 Badri Narain Pareek vs. State & Ors. Date of order : 24/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.N. Sharma for the petitioner. Ms. Priyanka Pareek, Addl. Govt. Counsel for the State. ****** This writ petition was entertained on the basis of letter written by original petitioner Badri Narain Pareek, who claimed payment of pension and retiral benefits. Petitioner was appointed with the Education Department of the State of Rajasthan as Music Teacher way back on 14.9.1948. When his wife died, he became mentally sick and in depression could not recover for quite some time. When he regained health, he requested authorities to finalise his pension case by granting him voluntary retirement or retirement on regular basis because in the meantime, he had attained the age of superannuation in the year 1990. For number of years this dispute was not settled and ultimately the petitioner had to approach this Court. During the pendency of the writ petition, he died and has been substituted by his legal heirs. Ms. Priyanka Pareek, learned Deputy Government Counsel appearing for the 2 respondents submitted that the respondents by order dated 15.3.2000 granted voluntary retirement to the petitioner with effect from 19.8.1982, the date from which he remained absent from duty. She submits that dispute has now been settled by the government. She referred to the letter dated 19.3.2008 written by the District Education officer, Elementary Eduction, Jaipur whereby pension has been sanctioned to the petitioner by cancelling the earlier order of voluntary retirement dated 15.3.2000 and had directed that the period of absence from 19.8.1982 to 31.10.1990, he would be granted extraordinary leave but that period would not be countable for pension. It is contended that the respondents have written letters to the legal representatives of the writ petitioner on 16.5.2008 and 31.3.2008 asking them to furnish an affidavit duly notarised and details of the family members in four copies. That steps may be taken for ensuring payment of gratuity, arrears of pension etc. Although in the facts of the case, it is evident that there has been considerable delay in finalising the pension case of the petitioner and for that the petitioner had to suffer for his lifetime and he ultimately died, but nevertheless since the dispute has now been settled by the respondents themselves, the petitioners may produce before the respondents, requisite affidavit 3 and particulars of the family within a period of four weeks and the respondents would then finalise pension and gratuity case of the petitioner and pay the arrears together with interest @ 6% per annum to the legal representatives of the deceased- petitioner within a period of two months therefrom. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/-