[2026:RJ-JD:2416]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6864/2019 Lrs. of Smt. Mandodari Devi:

1/1 Permanand S/o Late Behari Lal, Aged About 75 Years, Resident Of H. No. 27/27, Refuji Colony, Sector A, Tulsi Hospital, Pratapnagar, Jodhpur.

1/2 Smt. Durupadi D/o Late Behari Lal W/o Arjun Das, Aged About 70 Years, Resident Of Balaji, Provision Store Po Grabat Taluka Bayer, Dissa Aravelli (Gujrat).

1/3 Smt. Laxmi D/o Late Behari Lal W/o Ramesh Kumar, Aged About 60 Years, Resident Of Nandanvan Society, Modasa, Dissa Aravelli (Gujrat).

----Petitioners Versus

1. State of Rajasthan through Deputy Secretary, Education Department, Government of Rajasthan, Secretariate, Jaipur.

2. Director, Primary And Secondary Education, Rajasthan, Bikaner.

3. Director, Pension Department, Rajasthan, Jaipur.

----Respondents For Petitioner(s) : Mr. Kanhaiyalal Khatri For Respondent(s) : Mr. Kamlesh Sharma Mr. Mahaveer Prasad Pareek Mr. Kuldeep Vaishnav with Mr. Nilesh Choudhary HON'BLE MS. JUSTICE REKHA BORANA

Order

15/01/2026

1. Counsel for the petitioner, at the very inception, submits that the issue rests covered by a Co-ordinate Bench judgment of this Court in Smt. Sarsawati Devi Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.1393/2002 (decided on

25.01.2018).

2. Counsel for the respondents are not in a position to refute the above submission.

3. In Sarsawati Devi (supra), the Court while dealing with almost identical facts observed and held as under:

“In view of the clear language of relevant Rule 212 of RSR as well as Rule 27(2) of the Pension Rules of 1996, the action of the respondents in rejecting the prayer of the petitioner for condonation of interruption in service, for the reasons indicated in the impugned order dated 15.7.1999, cannot be sustained.

Consequently, the writ petition filed by the petitioner is allowed. The order dated 15.7.1999 passed by the respondents is quashed and set aside.

In the circumstances of the case, it is held that the petitioner is entitled to condondation of interruption of service for the period 1.8.1979 to 20.11.1980 and would consequently be entitled to all service benefits, if eligible, in accordance with law w.e.f. the date of her superannuation i.e. 30.6.1989. The respondents are directed to pass consequential order and do the needful for according the benefits, if eligible, to the petitioner.

Needful would be done by the respondents within a period of four months from the date of this order. If the needful is not done within the said period of four months, the benefits payable to the petitioner, if any, would carry interest @ 6% p.a.

from the date of this order.”

4. In view of the above, the present writ petition stands allowed. It is hereby held that the deceased employee was entitled for condonation of the interruption of service from the period of 01.08.1979 to 15.04.1980 and was consequentially entitled to all service benefits, if eligible, in accordance with law with effect from the date of her superannuation i.e. 31.10.1987.

5. The respondents are directed to pass appropriate orders in favour of the legal representatives of the deceased employee/petitioner within a period of four weeks from the receipt of copy of the present order.

6. Needless to observe that the amount now payable shall carry interest @ 6% per annum.

7. Stay petition and pending applications, if any, stand disposed of (REKHA BORANA),J

20-Arvind/-