##PAGE1##

[2026:RJ-JP:20692]

xHIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3308/2023

Badan Singh Yadav Aged About 77 Years, S/o Shri Amar Singh

Yadav, R/o Village And Post Mathurheda, Laxmangarh District

Alwar.

----Petitioner

Versus

1. State Of Rajasthan, Through Principal Secretary,

Panchayati Raj Department (Elementary Education) Govt.

Of Rajasthan, Government Secretariat Jaipur.

2. Director Elementary Education, Rajasthan Bikaner.

3. Joint Director School Education, Jaipur Division Jaipur.

4. District Education Officer (Legal), Elementary Education

Jaipur.

5. District Education Officer, Elementary Education (Hq)

Alwar.

6. Director Pension And Pension Welfare Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Mahendra Sharma

For Respondent(s) : Mr. Saumil Sharma for

Mr. Gopal Krishan Sharma, AGC

HON'BLE MR. JUSTICE ANAND SHARMA

Order

15/05/2026

1. Petitioner has filed this writ petition seeking compliance

of order dated 03.12.2020 passed by Rajasthan Civil Services

Appellate Tribunal, Jaipur (for short,'the Tribunal') in Appeal No.

2183/2015 whereby following directions were given:

“We have heard the counsels for the appellant and the

respondents and gone through the entire records

available on the file. The objection of the respondent

for filing of the appeal may not be accepted in view of

the fact that the appellant had submitted various

(Uploaded on 20/05/2026 at 08:07:44 AM)

(Downloaded on 21/05/2026 at 01:27:20 AM)

[2026:RJ-JP:20692] (2 of 3) [CW-3308/2023]

applications, representations and notices till 2014 for

regularization of the period of suspension and release

of consequent benefits. In view of the fact that the

appellant had been acquitted by the competent court

and the fact that although the appeal has been filed in

the Hon’ble High Court against the acquittal, no stay

has been granted, we deem it fit to direct the

respondents to regularize the period of the suspension

from 1989 to 1996 and consequently to release all the

benefits due upon such regularization in terms of grant

of increments, ACPs and regular pension. The regular

pension, gratuity if any and other benefits may be

released finally as admissible after retirement with

interest at 12% from retirement till passing of this

order.”

2. Learned counsel for the petitioner submits that during

the pendency of this writ petition, the respondents have although

considered the case of the petitioner for grant of benefit of

suspension period of the petitioner from 22.10.1989 to

09.02.1996 and the aforesaid period has been directed to be

treated on duty and the petitioner has also been found entitled for

all the benefits of the aforesaid period, yet actual benefits have

not been given by the respondents.

3. Learned counsel for the respondents, although opposed

the writ petition, yet has not been disputed that the District

Education Officer Elementary Education (HQ), Alwar has

considered the case of the petitioner with regard to grant of

benefits of suspension period and order dated 05.08.2025 has

been passed.

4. Heard learned counsel for the parties and perused the

record.

5. Since, in compliance of order dated 03.12.2020 passed

by learned Tribunal, respondent-District Education Officer has

issued order dated 05.08.2025 in which, it has been principally

(Uploaded on 20/05/2026 at 08:07:44 AM)

(Downloaded on 21/05/2026 at 01:27:20 AM)

[2026:RJ-JP:20692] (3 of 3) [CW-3308/2023]

agreed that the petitioner is entitled for all the benefits of

suspension period commencing from 22.10.1989 to 09.02.1996

and the said period shall be treated as period spent on duty

therefore, there can be no further impediment in granting such

benefits as directed in order dated 05.08.2025.

6. It has also been submitted that order dated 03.12.2020

passed by the Tribunal was although challenged by the

respondents by way of filing writ petition before this Court, yet the

State remained unsuccessful and the writ petition has been

dismissed. Therefore, there is no reason for not making

compliance of direction