ANIL PATHAK Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2011-4-32
HIGH COURT OF RAJASTHAN
Decided on April 19,2011

ANIL PATHAK Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) ALL the above writ petitions have been filed for seeking direction to the respondents to release payment of gratuity, commutation of pension and arrears of salary and all other retiral benefits to the petitioners consequent upon fixation of pay under the VI Pay Commission recommendations. Learned counsel appearing for the petitioners in the above writ petitions submit that in the respondent University the benefit of VI Pay Commission recommendation has already been granted to all the employees and petitioners are retired employees of the Jai Narain Vyas University, Jodhpur, therefore, appropriate directions may be issued to the respondents. Learned counsel appearing on behalf of the University submits that after completing all formalities the matter has been recommended to the State Government for releasing funds and still the University is waiting for the funds for making payment of arrears arising out from fixation as per recommendations of VI Pay Commission to the retired employees of the University, therefore, nothing is to be said on behalf of the University. Learned counsel for the State submits that matter is under process with the State Government and funds will be released within some time.
(2.) AFTER taking into consideration relevant circumstances of the case and the fact that Division Bench of this Court at Jaipur Bench has, in D.B. Civil Writ Petition (PIL) No.1914/2010, Retired Agriculture Lecturers Employees of Agriculture University Vs. State of Rajasthan & Others, passed the following order for the same relief of the employees of Agricultural University: "Having regard to nature of controversy and keeping in view of the fact that it has not been disputed by respondents that retired employees are entitled to pension as also arrears thereof, the respondents Universities and the State of Rajasthan are directed to pay them all arrears including all benefits payable to them consequent upon implementation of recommendation of 6th pay commission together with interest at the rate of 6% per annum, within a period of three months." I am of the view that this Court cannot take a different view than the view expressed by the Division Bench in the order dated 24.09.2010. Accordingly, above writ petitions are allowed in terms of the aforesaid judgment of the Division Bench with the direction to the State Government to release the funds for the purpose of making payment of all the arrears to the petitioners arising out of fixation under the implementation of recommendations of the VI Pay Commission within a period of one month from the date of receipt of certified copy of this order in terms of the order dated 24.09.2010 passed by the Division Bench of this Court at Jaipur Bench in D.B. Civil Writ Petition (PIL) No.1914/2010. Further, it is clarified that in the event of non-payment the petitioners will be entitled to further interest @ 9% per annum.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.