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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Sobh Singh S/o Shri Bheem Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. prayers of the petitioner. (Para 1) |
| 2. petitioner's eligibility for pension benefits. (Para 2 , 3) |
| 3. arguments regarding criminal antecedents. (Para 4 , 5 , 6) |
| 4. respondent's justification for denial of benefits. (Para 7 , 8) |
| 5. necessity for fresh proceedings. (Para 10) |
| 6. court's finding on legality of rejection. (Para 11 , 12 , 20 , 21) |
| 7. explanation of pension eligibility rules. (Para 14 , 15 , 16 , 17) |
| 8. legal framework of the misa act. (Para 18 , 19) |
| 9. conclusion and order of the court. (Para 22 , 23) |
ORDER :
1. This writ petition has been filed by the petitioner with the following prayers:
“A. The impugned orders dated 01.10.2014 (Ann.5) passed by the Collector, Barmer (Respondent no. 3) and order dated 26.12.2017 (Ann. 11) passed by the Appellate Authority (Respondent no. 2), may kindly be quashed and set aside.
B. That the application of the petitioner for getting Pension and Medical allowance under the Rules of 2008 may kindly be allowed with all consequential benefits granted to the similarly situated persons.
C. Arrears of Pension along with interest @ 12% Per annum may also directed to be paid to the petitioner.
D. Cost of the writ petition may kindly be awar
Detainment under the Rajasthan MISA for political reasons entitles the individual to pension benefits, irrespective of unrelated criminal cases.
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
The main legal point established in the judgment is the requirement for authorities to provide an opportunity of hearing to a retired government servant convicted by a criminal court before deciding ....
Retiral benefits cannot be withheld solely based on pending criminal charges unrelated to an employee’s official duties, as they are vested rights earned through service.
Eligibility for benefits under the Rules is determined by a constituted committee, and a party must directly challenge such decisions to seek judicial review.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
Dismissal after imprisonment for the same offense constitutes double punishment; the period of dismissal must be treated as qualifying service for pension computation.
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