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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Mamta Devi W/o Govind Dhamani – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ASHOK KUMAR JAIN, J.
1. Instant writ petition is preferred by petitioner with following prayer:
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this writ petition and call for the entire record relating to the case and after examine the same:
i) By an appropriate writ order and direction of mandamus or in the nature thereof thereby the impugned order/letter dated 1.9.2015 sent by the respondent No.3 to the respondent No.2 may kindly be quashed and set aside.
ii) By an appropriate writ order and direction in the nature thereof thereby the respondents may kindly be directed to refund amount of Rs. 2,89,320/- recovered by the respondents from gratuity amount of husband of the petitioner with interest.
iii) Any other relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be given in favour of the petitioner.”
2. Learned counsel for petitioner while referring and relying upon judgment dated 09.11.2016 in S.B. Civil Writ Petition No. 20857/2013 titled as Prabhu Singh Chauhan Vs. State of Rajasthan and Anr. submits that the controversy and the issue raised herein is already
Court entitles petitioner to gratuity based on precedent judgment, asserting right to disbursement.
The court may issue a writ of mandamus to direct a public authority to consider and dispose of a pending representation regarding service benefits in accordance with the law within a stipulated time ....
The Court directed the first respondent to act under the Revenue Recovery Act for recovering gratuity interest, ensuring proceedings without notice to the third respondent.
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