HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10145/2018

1.

Joint Director NPS, State Insurance And Provident Fund

Department, Jaipur, Rajasthan.

2.

Joint Director, State Insurance And Provident Fund

Department, Chittorgarh, Rajasthan.

----Petitioners

Versus

Vijay Kumar Sharma S/o Madho Bihari Sharma, Presently Lower

Divisional Clerk, District Magistrate Jaipur Metropolitan Residing

At B-155, Ganesh Nagar, Behind Of Moti Doongri, Jaipur,

Rajasthan.

----Respondent

For Petitioner(s)

:

Dr.Ganesh Parihar, AAG with

Mr.Vishnu Shankar, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

24/05/2022

This writ petition has been filed by the petitioners

challenging the award dated 12.06.2017, passed by the

Permanent Lok Adalat, Jaipur Metropolitan, Jaipur.

Learned counsel for the petitioners submitted that the

impugned award has been passed without considering the relevant

circular issued by the Finance Department on 13.04.2011.

Learned counsel submitted that as per the said circular, the

employees, who were covered under the NSDL (National Security

Depositary Limited) were to be converted by changing their

account as Permanent Retirement Account Number (PRAN).

(2 of 5)

[CW-10145/2018]

Learned counsel submitted that all those employees who

have to get the benefit of New Pension Scheme, were required to

complete the formalities by May, 2011 and such information of

each employee was to be furnished through State Insurance and

Provisional Funds Department to the District Office.

Learned counsel submitted that the change/switch over from

NSDL to Permanent Retirement Account Number (PRAN) was also

to be followed by all the employees and they were to see the

Official Website which was given in the circular itself.

Learned counsel submitted that in the present facts of the

case, the respondent-employee, who was working from the year

2005 to 2011 at Pratapgarh and Chittorgarh, later on transferred

to Jaipur in March, 2011.

Learned counsel for the petitioners submitted that on

account of transfer of the respondent-employee, his entire account

details were sent to the Jaipur office on 20.12.2016 and a sum of

Rs.2,88,862/- including interest was transferred to National

Security Depositary Limited (NSDL) and as such no loss was

caused to the respondent-employee.

Learned counsel for the petitioners submitted that the

Permanent Lok Adalat has wrongly come to the conclusion that

the Department-Authorities was negligent in not taking action of

transferring the due amount to the respondent.

Learned counsel further submitted that only on hypothetical

basis no calculation can be done by the Permanent Lok Adalat and

without any investment of money, Notional Benefit of

NAV/Dividends have been given.

Learned counsel submitted that the requirement of uploading

the details by the employee concerned, has not been kept in mind

(3 of 5)

[CW-10145/2018]

and entire responsibility has been shifted to the Government

Officials.

Learned counsel further submitted that award of interest @

7.5% per annum was also not warranted in the facts of the

present case and as such this Court is required to interfere in the

present matter.

This Court, on the last date of hearing on 12.05.2022, had

asked learned counsel appearing for the petitioners as whether

compliance of the award dated 12.06.2017, has been made or

not.

Learned counsel submitted that since writ petition was filed

in the year 2018 itself and as such the award passed by the

Permanent Lok Adalat, has not been implemented.

I have heard the submissions made by learned counsel for

the petitioners and perused the material available on record.

This Court, on bare perusal of the award passed by the

Permanent Lok Adalat, finds that the due amount of the

respondent-employee was not transferred as the employee

concerned was transfer