Rajasthan High Court - Jodhpur
Chandra Pal Singh vs State Of Raj. & Ors on 30 March, 2009
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.2560/2009 (Chandra Pal Singh Vs. State of Raj. & Ors.) Date of order : 30.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. B.B. Singh, for the petitioner.
Heard learned counsel for the petitioner. The petitioner is senior citizen and for the grievance of non-payment of retiral benefits, he made an application under Rule 6 of the Right to Information Act before the respondents but no reply was given to the petitioner. Thereafter, the petitioner preferred first appeal before the Secretary, Water Resources Department, Govt. of Rajasthan but again the said authority did not give any reply. Then, in compelling circumstances, the petitioner preferred second appeal before the Rajasthan Information Commission. But unfortunately, the said authority also returned the second appeal vide communication dated 18/19.07.2008 in which it is 2 stated that "your application is being returned with the remark that your application for information was dated 22nd August, 2007, an appeal before the Appellate Authority could have been put up upto 22nd October, 2007 instead the appeal to the Appellate Authority was submitted on 11.4.2008 which was substantially time barred. The second appeal therefore, would also be treated as time barred."
In my opinion, the petitioner is a senior citizen and asking for reasons for non-payment of retiral benefits and the State Govt. or the authorities of the State Govt. cannot refused to assign the reasons for non-payment of retiral benefits. The petitioner has made his all efforts to get information, so also, made efforts for redressal of his grievance with regard to payment of retiral benefits. The petitioner has taken ground in this writ petition that nobody is hearing his voice, so also, not finalizing the claim of the petitioner with regard to his retiral benefits.
In this view of the matter, this writ petition is disposed of with the direction to the Chief Engineer, Irrigation Department (North),
Hanumangarh that either he shall supply the reasons for non-payment of retiral benefits or grant the retiral benefits in accordance with law to the petitioner within a period of one month from the date 3 of submitting certified copy of this order. Upon receiving the reasons/order, if the petitioner feels aggrieved then he is at liberty to take recourse of law.
(GOPAL KRISHAN VYAS), J.
arun