[2025:RJ-JD:50182]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13037/2020 Tilok Ram S/o Shri Ramuramji, Aged About 63 Years, By Caste Jat, R/o V.p.o. Dhananwan, Via- Toshina, Tehsil Makrana, Nagaur (Rajasthan). ----Petitioner Versus

1. State Of Rajasthan, Through The Director, Panchayati Raj Department, Jaipur.

2. The Director, Directorate Of Pension And Pensioners Welfare Department, Government Of Rajasthan, Jaipur.

3. The Collector, Nagaur.

4. The Chief Executive Officer, Zila Parishad, Nagaur (Raj.)

5. The Development Officer, Panchayat Samiti, Makrana District Nagaur (Raj.)

6. The Sub-Treasury Officer, Makrana (Nagaur).

7. The Branch Manager, State Bank Of India, Branch Makrana, District Nagaur.

----Respondents For Petitioner(s) : Ms. Deepika Vyas For Respondent(s) : Mr. Mahaveer Prasad Pareek, AGC Mr. Vinay Mr. Jagdish Chandra Vyas Mr. Shyam Charan HON'BLE MR. JUSTICE FARJAND ALI

Order

20/11/2025

1. By way of the instant writ petition, the petitioner seeks a direction to the respondents for issuance of revised pension in accordance with the 7th Pay Commission, release of the corresponding arrears with interest, and rectification of Commutation Payment Order (CPO) No. 0145-4099179(R) Rev.

dated 31.10.2018, wherein the commuted amount was erroneously enhanced from Rs. 4,273/- to Rs. 11,166/-.

2. The facts relevant for disposal of the writ petition are that the petitioner retired on 31.07.2017 from the post of Panchayat Extension Officer (PEO) in the Panchayati Raj Department, Panchayat Samiti, Makrana, having rendered his services with diligence, integrity, and to the full satisfaction of his superiors. It is undisputed that the petitioner’s service record is unblemished and has been repeatedly commended throughout his tenure.

2.1. The grievance of the petitioner primarily relates to the respondents’ failure to revise his pension pursuant to the recommendations of the 7th Pay Commission, incorrect calculation of commuted pension under CPO No.0145-4099179(R) Rev. dated 31.10.2018, and illegal withholding of GPF and State Insurance amounts totaling approximately Rs.8 lakh for over three years. Despite repeated representations and legal notices under Section 80 of the Code of Civil Procedure, the petitioner’s entitlements remained unredressed, compelling him to invoke the extraordinary writ jurisdiction of this Court.

3. It is contended on behalf of the petitioner that his original pension was sanctioned vide PPO No.0145-1085438(R), fixing his basic pension at Rs.22,334/- and commuted pension at Rs.4,273/-. Following the implementation of the 7th Pay Commission, the respondents issued a revised PPO No.0145- 5066826(R) Rev. dated 15.02.2019, reflecting a basic pension of Rs.33,500/- and commuted amount of Rs.11,166/-, which was allegedly calculated without justification. The petitioner submits that the commuted amount was erroneously enhanced beyond his statutory entitlement and must be corrected to Rs.4,273/-, with corresponding adjustments made to arrears.

3.1. The petitioner further submits that the respondents have failed to release the arrears of pension due from August 2017 to the date of actual payment. Additionally, the GPF and State Insurance amounts have been illegally withheld despite repeated submissions of requisite documents. The petitioner claims entitlement to these amounts along with interest at 18% per annum, citing undue delay and arbitrary action on the part of the respondents, which has caused financial hardship.

3.2. It is also submitted that the respondents’ failure to implement the 7th Pay Commission revisions and release retiral benefits constitutes discrimination and is violative of Articles 14, 16, and 21 of the Constitution of India. The petitioner asserts that he retired with no other means of livelihood and that the continued withholding of pension and other benefits infringes upon his fundamental right to life and livelihood.

4. Learned counsel for the respondents contended that