Jodhpur, 19 November (Daily Kiran): The Rajasthan High Court has ruled that the absence of a service book cannot obstruct pension benefits. The order came while allowing the writ petition filed by Ramesh, a sanitation worker who served in the Medical and Health Department in Pali.
Justice Farjand Ali of the High Court’s single bench directed authorities to provide all pension and related benefits to the retired employee within two months. The court also ordered that if the department fails to do so within the deadline, Ramesh will be entitled to 9% annual interest on the amount.
Ramesh Harijan was appointed as a sanitation worker in 1979 and retired on 31 August 2018. After retirement, the department issued a no-dues certificate confirming that no departmental inquiry or criminal case was pending against him. However, he was not given his retirement benefits and was only provided provisional pension.
Through his counsel, Pramendra Bohra, Ramesh sent a legal notice to the department. In its reply dated 1 March 2019, the department stated that since his service book was unavailable, pension and related benefits could not be granted.
Aggrieved by this, Ramesh approached the High Court. His counsel argued that maintaining the service book is the responsibility of the employer, not the employee. Therefore, the employee cannot be penalised for the department’s lapse. It was also submitted that under Rule 89 of the Rajasthan Civil Services Pension Rules, pension benefits must be released within two months of retirement, failing which the employee is entitled to 9% annual interest.
Supporting these arguments, the High Court ruled that the unavailability of the service book cannot be a reason to withhold pension. The court directed that Ramesh be paid his pension and all related benefits within two months, along with interest as per Rule 89 if the payment is delayed.
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