Item No. 1, DJ/- SBCWP NO. 9416/2010 Bhabhuta Ram Vs. State of Rajasthan & Ors. Order dt: 19th October, 2010 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S. B. Civil Writ Petition No. 9416/2010 Bhabhuta Ram Vs. State of Raj. & Ors. DATE OF ORDER ::: 19th October, 2010 P R E S E N T HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.S. Godara, for the petitioner. --- 1. Heard learned counsel for the petitioner. 2. The petitioner by this writ petition has claimed that he has not been given his regular pension but only provisional pension is being paid by the respondent- Irrigation Department of Government of Rajasthan though the petitioner retired from the services with effect from 01.07.2000. However, despite several representations made to the respondent- Assistant Engineer of the department, the provisional pension has not been sanctioned in his favour. 3. Upon going through the pleadings of the writ petition, particularly, Ground-B, raised in the writ petition, it appears that there is some dispute about the correction of date of birth of the petitioner for which he said to have submitted an affidavit on oath before the respondents for correcting the date of birth, and according to petitioner without correcting the same, the respondents prematurely retired him from the services. The case for finalization of pension Item No. 1, DJ/- SBCWP NO. 9416/2010 Bhabhuta Ram Vs. State of Rajasthan & Ors. Order dt: 19th October, 2010 2/2 thus appears to be hanging-fire on account of this reason, albeit, petitioner has been granted provisional pension. 4. Having heard learned counsel for the petitioner, this Court is of the opinion that on account of these disputed questions of facts, the case of the petitioner for pension could not be finalized by the respondents. Learned counsel for the petitioner submitted that he does not press for correction of date of birth now, however, no such stand appears to have been taken by the petitioner before the respondents hitherto before. In view of this, this Court cannot grant any relief in writ jurisdiction of this Court under Article 226 of the Constitution of India. However, the petitioner may approach the respondent with this particular stand and then make a representation to them for finalizing his pension case and it is expected that the respondents will decide the pension case of the petitioner expeditiously. 5. The writ petition is disposed of accordingly. Copy of this order be sent to the respondents immediately. (DR. VINEET KOTHARI), J. DJ/- 1