"Ensure That Court Matters Aren't Delayed Unnecessarily": Rajasthan High Court To State's Pension Dept Over Delay In Filing Replies

During the course of hearing, the counsel for the Department informed that the Officer-in-Charge is not cooperating and/or rather misbehaving with him, despite repeated indications made to the respondents and specifically the Officer-in-Charge to ensure that the factual reports are submitted in time and that needful, as required is done.

The said aspect was indicated in the presence of the Joint Director, who also made indications that the Officer-in-Charge Ms. Rashmi Tak, Assistant Director is being repeatedly told to do the needful. The Joint Director added that Assistant Director was told to attend the Court, however, she had flatly refused and is essentially not following his directions.

In this regard, the counsel for the Department submitted that the Officer-in-Charge / Additional Director has been referring to a Circular issued by the Law & Legal Affairs Department to insist that the leading Administrative Department has to respond to the writ petitions and not the Pension Department.

The court observed that the submissions made and the interpretation placed on the said circular is totally baseless, inasmuch as, it has to depend on case to case as to whether the Administrative Department has to respond or the Pension Department has to respond.

The court opined,

"In cases, where, the matter is stuck with the Pension Department, it is the Pension Department only, which has to respond unless the matter of grant of pension etc. for some reason is stuck up with the Administrative Department, therefore, the reliance placed on Circular dated 15.10.2019 by the Additional Director seeking to pass the buck to the Administrative Department also cannot be appreciated."

The court observed that the said position indicated by counsel and the Joint Director cannot be countenanced.

Further, the court ordered that a copy of this order be sent by the Registrar to the Director, Pension and Pensioners Welfare Department, Jaipur. The court asked the counsel appearing for the Department to ensure that the copy of this order is placed before the Director, Pension and Pensioners Welfare Department, Jaipur.

Additionally, the court told the Joint Director, Pension Department, Jodhpur that the replies in the matters pertaining to the Pension Department are not being filed in time and looking to the fact that the retired / aged persons are involved in the matters, the Department must ensure that reply in the matters must be filed in time.

The court has listed the petition after ten days.

Adv. Shreyansh Mardia appeared on behalf of the petitioner while AAG K.S. Rajpurohit and Adv. Ravi Panwar appeared for the respondents.

Case Title: Mahendra Pal Singh v. State Of Rajasthan