Order

19/12/2024

1. Learned counsel, appearing on behalf of respondents, seeks time to file reply to the writ petition.

2. Learned counsel for petitioner has prayed for grant of interim relief.

3. Heard learned counsel for both the parties on the interim relief.

4. It has been submitted that the petitioner, being an Ayurvedic Chikitsa Adhikari in the Government of Rajasthan, was superannuated at the age of 60 years w.e.f. 31.12.2023, however, vide order dated 23.01.2024, the petitioner was reappointed under Rule 151 of Rajasthan Civil Services (Pension) Rules, 1996, for a period of one year i.e. from 23.01.2024 to 24.01.2025, on the salary of pay-minus pension.

5. It has been submitted that in the meanwhile, petitioner filed a writ petition, being D.B. CWP No. 6254/2024, wherein the Division Bench, vide order dated 18.10.2024, directed the respondents to continue the petitioner in service until attaining the age of 62 years, in the light of a previous judgment of the Division Bench, delivered in case of Dr. Mahesh Chandra Sharma & Ors Vs. State of Rajasthan: D.B. CWP No.13496/2021 & other connected writ petitions, decided on 13.07.2022.

6. It has been pointed out that in pursuance of the order dated 18.10.2024 passed by the Division Bench, the Government of Rajasthan has issued an order dated 06.12.2024 (Annex.4), permitting the petitioner to be continue in Government service until attaining the age of 62 years, nevertheless, a condition precedent has been put forth in the order, to redeposit all the retiral benefits in single installment and further, it has also been observed that the order of re-appointment of the petitioner on pay-minus pension stands withdrawn.

7. The submission of counsel for the petitioner is that the petitioner has been willing to continue his service as also would redeposit the retrial benefits released to him, but at one hand, the State Government has not clarified as to under which head(s), retiral benefits can be redeposited and on the other hand, not allowing the petitioner to join service in furtherance to order dated

06.12.2024.

8. Counsel for petitioner submits that since earlier the petitioner was reappointed after his retirement vide order dated 23.01.2024 for a period of one year from 23.01.2024 to 24.01.2025 on pay-minus pension and now vide order dated 06.12.2024, he has been allowed to continue in service upto attaining the age of 62 years i.e. upto 31.12.2025, therefore, the salary (pay-minus pension), paid to the petitioner, during this period may be adjusted against the monetary benefits of that period, which are yet to be released to the petitioner, in compliance of the order of the Division Bench.

9. It has further been pointed out by counsel for petitioner that at present petitioner is posted at Government Ayurvedic Dispensary, Rajasthan High Court Campus, Jaipur, pursuant to the order dated 23.01.2024, of his re-appointment, which period continues upto 24.01.2025, but now in the light of order dated 06.12.2024, petitioner has been sought to be relieved from the service, therefore, an interim relief has been prayed that petitioner be allowed to continue in service on the previous place of posting and may be allowed to join, without insisting for pre- deposit of retiral benefits and the salary of pay-minus pension, paid to petitioner against his re-appointment vide order dated 23.01.2024, may not be allowed to recover. Petitioner is ready to furnish an undertaking for not claiming the retiral benefits again on attaining age of superannuation of 62 years, if could not deposited.

10. On behalf of respondents, learned counsel seeks time to get instructions as to under which Head(s), the retiral benefits can be redeposited by the petitioner in furtherance to the order dated

06.12.2024.

11. This Court finds that pursuant to the order of re-appointment of petitioner vide order dated 23.01.2024, petitioner is continuously rendering his services at Government Ayurvedic Dispensary, Rajasthan High Court Ca