CW/1865/2011 of MAHESH BAIRAGI Vs STATE OF RAJ and ORS on 20 December 2013

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPURBENCH, JAIPUR

S.B. Civil Writ Petition No.1865/2011(Mahesh Bairagi Vs. State of Rajasthan & Ors.)

Date of Order :: 20[th] December, 2013

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr.Kailash Chandra Sharma, for the petitioner.Mr.Jinesh Jain, Government Counsel.Mr.Hemant Tailor for Mr.R.Surana, for the respondent No.3.

By the Court:

The petitioner is aggrieved by denial of benefit of gratuity, though periodof more than four years has already passed after retirement. The petitioner earlierpreferred a writ petition for the same cause, however, it was disposed of with thedirection to the petitioner to make a representation. The representation of the petitionerwas rejected by the respondent/s on the ground that due to wrong fixation in the year1981, excess amount was paid by them. The audit report for the aforesaid was given inthe year 1986-87.

I find that respondent/s have not taken action in the matter tillpetitioner remained in service. He retired in the year 1999. The report is of year 1986-87.They did not care to seek recovery of amount, if any amount was paid in excess. Theexcess amount was not paid due to his misrepresentation or default and otherwise,recovery is not permissible after retirement.

In view of above, the impugned order rejecting the representation of thepetitioner is set aside. The respondents are directed to pay the amount of gratuity within a period of three months from the date of receipt of copy of this order with the interest @of 6 per cent per annum.

With the aforesaid direction/s, the writ petition is disposed of.

(M.N. BHANDARI), J.

Item No.5preety, Jr.P.A.

All corrections made in the judgment/order have been incorporated in thejudgment/order being emailed.