Rajasthan High Court - Jodhpur
Dr. (Smt.) Sheela Jain & Ors vs The Principal Secretary & Ors on 18 May, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. CIVIL WRIT PETITION NO.3142/2010
Dr. (Smt.) Sheela Jain & Ors.
Vs.
The Principal Secretary, Finance (Rules) Dept., Jaipur & Ors.
Date of Order : 18.5.2011
HON'BLE MR JUSTICE GOPAL KRISHAN VYAS
Mr. Manoj Bhandari, for the petitioners.
Mr. Yaspal Khileri, Dy. Government Counsel.
Heard learned counsel for the petitioners. In this petition, the main grievance of the petitioners is with regard to calculating petitioners' pension, as per definition of "emoluments" which is provided in the amendment dated 12th of Sept., 2008 made in Rajasthan Civil Services (Pension) Rules, 1994 in which amount of non-practicing allowance is to be calculated for the purpose of deciding retiral benefits.
Learned counsel for the petitioners submits that although prior to filing of this writ petition, so many representations were filed for granting pensionery benefits while calculating the non-practicing allowance as per amendment notification dated 12.9.2008.
I have perused notification dated 12th of Sept., 2008 in which the following definition of "emoluments" has been given:-
"The expression "emoluments" used for the purpose of Pension, Service Gratuity and Retirement/Death Gratuity means sum of pay in the running pay band plus grade pay and NPA /NCA, if any, which a Government servant was receiving/ or to which he was entitled to immediately before his retirement or on the date of his death or on the basis 2 of average of last ten months immediately before the date of retirement, whichever is beneficial.
Provided that the amount of Dearness Allowance admissible on sum of running pay band plus grade pay and NPA/NCA, if any at the time of retirement/death of a Government servant, as the case may be, shall be treated as part of emoluments for the purpose of grant of retirement gratuity/ death gratuity."
After perusing the aforesaid pension Rules, I deem it just and proper to direct the respondents to decide the representation of the petitioners while taking into consideration the definition of emoluments prescribed by way of amendment made on 12th of Sept., 2008. The representation shall be decided by speaking order within a period of one month from the date of receiving certified copy of the order. Further if, after consideration, it is found that the petitioners are entitled for the benefits as per the amendment and definition of emoluments, then provided vide notification dated 12.9.2008 benefits may be provided to the petitioner within three months from the date of decision.
With these directions, this writ petition is disposed of.
(Gopal Krishan Vyas), J.
babulal/ 231