Rajasthan High Court - Jodhpur
Prof. Prakash Chandra Tripathi And Anr. vs . State Of Rajasthan & Ors. on 12 April, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.2655/2014
Prof. Prakash Chandra Tripathi and anr. Vs. State of Rajasthan & Ors.
Order dt: 12/04/2014
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S.B. Civil Writ Petition No.2655/2014
Prof. Prakash Chandra Tripathi and anr. V/s State of Rajasthan and
ors.
Date of Order: 12/4/2014.
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr.Pankaj Sharma, for the petitioners
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The learned counsel for the petitioners submitted that in identical matter in SBCWP No.1249/2014 - Manohar Lal Sadhwani and ors. V/s State of Rajasthan and ors., this Court has granted interim relief and directed the respondent - Mohan Lal Sukhadia University, Udaipur to release the pension of the petitioner and continue to pay family pension and not to stop the same on the misconstruction of directions of the Hon'ble Supreme Court in the case of State of Rajasthan V/s A.N. Mathur and ors. reported in 2013 STPL(Web) 784 SC and Rajasthan Agriculture University V/s State of Rajasthan and ors. reported in 2013 STPL (Web) 674 SC. He has produced copy of one such order in the case of Manohar Lal Sadhwani (supra) in which this Court has passed the following interim order on 3.3.2014:
"Both the learned counsels for the respondents may file reply to the writ petition urgently since the matter pertains to the grant of pension.
The learned counsel for the petitioner S.B. Civil Writ Petition No.2655/2014 Prof. Prakash Chandra Tripathi and anr. Vs. State of Rajasthan & Ors.
Order dt: 12/04/2014 2/3 submitted that payment of pension being made to the petitioner since 2001 has suddenly been stopped due to purported compliance of the judgment of the Hon'ble Supreme Court referred to in the order impugned in the writ petition Annex.4 dtd.1.11.2013, whereas the Hon'ble Supreme Court has never directed the State or the respondent - University to stay the pension of the present petitioner and he submitted that the pension since the month of November, 2013, has not been released to the petitioners.
In view of this, by way of interim order, it is directed that the respondent - University shall release pension of the petitioner from the month of November, 2013 to February, 2014 forthwith and shall continue to pay monthly pension to the petitioners subject to the final decision of the writ petition.
Stay application is accordingly disposed of. List the writ petition after four weeks." Issue notice to the respondents, returnable within a period of four weeks. Office is directed to give notices 'dasti' to the counsel for the petitioners, to be sent by registered AD post directly by the counsel to the petitioner and will not be sent to the concerned Dist. Judge. Direct service permitted.
In the meanwhile, the respondent - Mohan Lal Sukhadia University, Udaipur shall not stop the payment of monthly pension to S.B. Civil Writ Petition No.2655/2014 Prof. Prakash Chandra Tripathi and anr. Vs. State of Rajasthan & Ors.
Order dt: 12/04/2014 3/3 the present petitioners, retired employees of the respondent - University and payment of such monthly pension shall remain subject to the final decision of the writ petition.
List the matter again on 28.4.2014 aloing with SBCWP No.1249/2014 - Manohar Lal Sadhwani and ors. V/s State of Rajasthan and ors.
(DR. VINEET KOTHARI), J.
ss/-
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