HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Civil Writ Petition No. 13590/2025 Rajesh Vyas S/o Late Shri Ram Prasad Vyas, aged about 61 years, R/o 2-D-36, Mahaveer Nagar Vistar Yojna, Kota (Raj.)

----Petitioner Versus

1. State of Rajasthan, through Secretary, Higher Education, Govt. of Rajasthan, Govt. Secretariat, Jan Path, Jaipur.

2. Vardhman Mahaveer Open University, Kota, through its Registrar, Rawatbhata Road, Kota.

3. Vardhman Mahaveer Open University, Kota through Comptroller, Rawatbhata Road, Kota.

----Respondents For Petitioner : Mr. Shobhit Vyas Advocate.

For Respondents : Mr. Vibhanshu Sharma Advocate on behalf of Ms. Anita Agarwal Advocate.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

16/02/2026

1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents for release of his retiral benefits, namely gratuity, leave encashment and commutation of pension, along with interest from the date the same became due till actual payment.

2. The brief facts, giving rise to the present petition, are that the petitioner retired on attaining the age of superannuation on 30.04.2025 from the post of Section Officer in the Accounts & Finance Department of Vardhaman Mahaveer Open University (hereinafter referred to as “the University”). It is not in dispute that subsequent to petitioner's retirement, only provisional Pension Payment Order dated 08.05.2025 was issued in his favour, fixing provisional pension at Rs. 28,900/- per month. However, his retiral dues including gratuity, leave encashment and commutation of pension have not been released till date.

3. It is the case of the petitioner that no departmental inquiry, vigilance proceeding or disciplinary action is pending against him. Despite repeated personal requests and a written representation dated 22.08.2025 sent through speed post, the respondents have failed to release petitioner's legitimate retiral benefits. The petitioner has further submitted that S. B. Civil Writ Petition No. 8694/2018 titled Shankar Lal & Others vs. Vardhaman Mahaveer Open University, Kota & Another is pending before this Court wherein the issue relating to grant of benefits of 5th Pay Commission and audit objection is under consideration and the effect and operation of order of withdrawal of such benefits dated 20.03.2018 has been stayed by this Court vide order dated 23.04.2018. The petitioner is also one of the petitioners therein. According to the petitioner, the respondents have withheld his retiral benefits on account of the said pending dispute relating to pay scale.

4. Learned counsel for the petitioner submits that retiral benefits are statutory and vested rights accruing to an employee upon retirement and cannot be withheld in absence of any pending departmental or judicial proceedings. It is contended that the pendency of litigation relating to pay fixation cannot be used as a pretext to deny statutory retiral dues. Reliance has also been placed upon order dated 31.07.2025 passed by Co-ordinate Bench of this Court in S.B. Writ Misc. Application No. 65/2023 filed in S.B. Civil Writ Petition No. 2582/2022 (Ravindra Shringi vs. The Registrar, Vardhman Mahaveer Open University & Another), wherein, in similar circumstances, the respondents were directed to release retiral dues along with interest at the rate of 9% per annum. It is, thus, urged that the action of the respondents is arbitrary and violative of Articles 14 and 21 of the Constitution of India.

5. No reply to the writ petition has been filed by the respondents, yet, learned counsel for the respondents orally submits that the petitioner’s pay fixation under 5th Pay Commission is under challenge in S. B. Civil Writ Petition No. 8694/2018 titled Shankar Lal & Others vs. Vardhaman Mahaveer Open University, Kota & Another, pending against Vardhaman Mahaveer Open University, in which the petitioner himself is a party. Since the issue of pay scale