Rajasthan High Court - Jaipur
Mr.S.L.Kumawat vs State Of Rajasthan & Ors.) And Sbcwp ... on 22 September, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.14412/2008 S.B. Civil Writ Petition No.13666/2008 S.B. Civil Writ Petition No.13667/2008 S.B. Civil Writ Petition No.7981/2009 S.B. Civil Writ Petition No.5230/2010 Date of Order :: 22/09/2015 HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA Mr.S.L.Kumawat Mr.V.D.Gathala, for the petitioner/s. Mr.Manu Bhargava G.C., with Ms.Anjita Shekhawat, for State-respondents.
<><><> Learned counsel for the parties submit that the issue raised in the instant batch of writ applications is no more res-integra in view of the order dated 25th February, 2009, passed by a Coordinate Bench of this Court in two writ applications i.e. SBCWP No.9742/2007 (Smt. Reshma Devi vs. State of Rajasthan & Ors.) and SBCWP No.9739/2007 (Smt. Laxmi Devi vs. State of Rajasthan & Ors.).
A copy of the judgment dated 25th February, 2009, is taken on record.
Consequently, the writ applications succeeds and is hereby allowed in terms of order dated 25th February, 2009.
In the result, the respondents are directed to accept the option of the petitioner(s) for receiving pension instead of Contributory Provident Fund. Arrears payable to the petitioner(s) shall be calculated. The respondents would be at liberty to deduct the amount of contribution of the Board together with interest @ 6% per annum from the date such amount received by the petitioner(s), if any, till it is adjusted.
At the same time the petitioner(s) would also be entitled to interest @ 6% per annum for the arrears of pension payable to them till the amount is actually paid.
The petitioner(s) shall be then entitled to receive pension regularly on monthly basis.
Compliance of this order be ensured within a period of three months from the date of receipt of the certified copy of this order.
A copy of this order be placed in each of the file.
(VEERENDR SINGH SIRADHANA), J.
A.Sharma/78-82 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed:
(Anil Sharma) Jr.P.A.