##PAGE1##

[2026:RJ-JD:22740]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 15100/2025

Narendra Prakash Upadhyaya S/o Parshu Ram Upadhyaya, Aged

About 61 Years, 31, Ganesh Nagar, Pratap Chowk, University

Road, Udaipur (Raj.)

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Department

Of Agriculture (Group-3), Govt. Of Rajasthan, Jaipur

2. Maharana Pratap University Of Agriculture And

Technology, Udaipur Through Its Registrar.

3. Comptroller, Maharana Pratap University Of Agriculture

And Technology, Udaipur

4. Dean, College Of Technology And Engineering, Maharana

Pratap University Of Agriculture And Technology, Udaipur

----Respondents

For Petitioner(s) : Mr. Mukesh Vyas

For Respondent(s) : Mr. Mrigraj Singh Rathore

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

12/05/2026

By way of filing the present writ petition, the petitioner has

prayed for the following reliefs:-

“It is, therefore, respectfully prayed that this petition

for writ in the nature of certiorari may kindly be allowed and

by any other appropriate writ, order or direction:

A. by an appropriate writ, order or direction, the

respondents may kindly be directed to issue revised PPO

while calculating the pension on the basis of Basic pay

mentioned in his LPC i.e. Rs.95,500/- in the light of Rule 54

of Rajasthan Pension Rules, 1996.

B. By an appropriate writ, direction or order, the

respondents may kindly directed to sanction and pay

gratuity amount on the basis of LPC i.e. Rs. 95,500/- plus

DA in the sum of Rs.23,63,625/- alongwith interest @ 12%

per annum.

(Uploaded on 12/05/2026 at 03:22:47 PM)

(Downloaded on 21/05/2026 at 03:38:29 AM)

[2026:RJ-JD:22740] (2 of 5) [CW-15100/2025]

C. By an appropriate writ, direction or order, the

respondents may kindly be directed to pay the amount of

arrears upon fixation as per order dated 13.06.2025 in the

sum of Rs.40,947/-.

D. By an appropriate writ, direction or order, the

respondents may kindly be directed to cancel the

commutation pension granted to the petitioner as no such

request was made by the petitioner.”

2. Having heard learned counsel for the parties and upon

perusal of the material available on record, this Court finds that

the petitioner, who was initially an employee of Rajasthan

Agricultural University, Bikaner, upon its merger with Maharana

Pratap University of Agriculture and Technology, Udaipur (MPUAT),

became an employee of MPUAT. The petitioner thereafter, while

working on the post of Lab Assistant in MPUAT, superannuated

from service with effect from 31.08.2024. Subsequent to the

petitioner’s superannuation, the respondents issued a Last Pay

Certificate in his favour indicating his basic pay as Rs.95,500/-

along with applicable Dearness Allowance.

3. The grievance of the petitioner is that when the PPO and

Commutation Payment Order were issued in his favour, he was

shocked to discover that his pay had been unilaterally revised by

the respondents and his last pay had been re-fixed at Rs.82,400/-

along with applicable Dearness Allowance, which, in turn,

adversely affected his pension, fixed at Rs.41,200/-.

4. Learned counsel for the petitioner submitted that before

issuing the re-fixation orders, neither any notice nor any

opportunity of hearing was afforded to the petitioner. The

petitioner was never apprised of the reasons necessitating the re-

fixation/reduction of his pay. Learned counsel further submitted

that the petitioner served the respondents with utmost sincerity

(Uploaded on 12/05/2026 at 03:22:47 PM)

(Downloaded on 21/05/2026 at 03:38:29 AM)

[2026:RJ-JD:22740] (3 of 5) [CW-15100/2025]

and dedication throughout his service career and has now been

subjected to re-fixation of pay despite there being no fraud or

misrepresentation on his part.

5. Per contra, learned counsel for the respondents submitted

that the re-fixation order was issued as the Audit Department

raised an objection regarding the grant of the pay scale of

Rs.1400-2600/- instead of Rs.1200-2050/- to the petitioner with

effect from 02.08.1991 by the e