MOHINI DEVI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-5-34
HIGH COURT OF RAJASTHAN
Decided on May 14,2013

MOHINI DEVI Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.)BY this petition for writ, the petitioner is claiming for a direction for the respondents to sanction medical leave for the period commencing from 20.09.1996 to 07.02.1997. A direction is also sought by the petitioner for the respondents to make the payment of all the arrears of salary, fixation, selection grades etc. and further to release her annual grade increments.
(2.)THIS court while issuing notices to the respondents vide the order dated 20.04.2009, looking to the provisions of Rule 29 of the Rajasthan Service Rules, 1951, directed as an interim measure to the Department of Education, Bikaner and the District Education Officer (Elementary), Department of Education, Government of Rajasthan, Jodhpur to consider and decide the issue regarding grant of annual grade increment to the petitioner on or before 11.05.2009. In pursuant to the direction given, the respondents have already released annual grade increment to the petitioner. The respondents also decided the case of the petitioner for regularization of leave period under an order dated 05.05.2009 and treated the period of 135 days commencing from 26.09.1996 to 07.02.1997 as extraordinary leave as per Rule 96 (a) of the Rajasthan Service Rules, 1951. In the order aforesaid, it is also made clear that the grant of extraordinary leave shall affect the date of grant of annual grade increment to the petitioner. This condition is given in the light of the fact that the period of extraordinary leave is treated to be a period as leave without pay and for that period, the term of increment is to be extended.
It is pointed out by learned counsel for the petitioner that in spite of the order dated 05.05.2009, the respondents have yet not determined the petitioner's case for grant of pension and other post retiral benefits and therefore, a further direction is required to be given to decide the petitioner's case for grant of pension and other post retiral benefits expeditiously.

(3.)HAVING considered the facts noticed above, I deem it appropriate to dispose of this petition for writ by directing the respondents to consider and decide the case of the petitioner for grant of pension and all other post retiral benefits including the provident fund and gratuity, if not already paid, on or before 01.07.2013. The respondents shall also consider whether any delay has been caused in payment of pensionary benefits due to them, and if so, the case of the petitioner shall also be considered for grant of interest in accordance with law. No order as to costs.


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