Rajasthan High Court – Jaipur
Urn: Cw / 6258U / 2023Badan Singh Yadav … vs State Of Rajasthan (2026:Rj-Jp:20692) on 15 May, 2026
[2026:RJ-JP:20692]
xHIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3308/2023
Badan Singh Yadav Aged About 77 Years, S/o Shri Amar Singh
Yadav, R/o Village And Post Mathurheda, Laxmangarh District
Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Panchayati Raj Department (Elementary Education) Govt.
Of Rajasthan, Government Secretariat Jaipur.
2. Director Elementary Education, Rajasthan Bikaner.
3. Joint Director School Education, Jaipur Division Jaipur.
4. District Education Officer (Legal), Elementary Education
Jaipur.
5. District Education Officer, Elementary Education (Hq)
Alwar.
6. Director Pension And Pension Welfare Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Mahendra Sharma
For Respondent(s) : Mr. Saumil Sharma for
Mr. Gopal Krishan Sharma, AGC
HON'BLE MR. JUSTICE ANAND SHARMA
Order
15/05/2026
1. Petitioner has filed this writ petition seeking compliance
of order dated 03.12.2020 passed by Rajasthan Civil Services
Appellate Tribunal, Jaipur (for short,’the Tribunal’) in Appeal No.
2183/2015 whereby following directions were given:
“We have heard the counsels for the appellant and the
respondents and gone through the entire records
available on the file. The objection of the respondent
for filing of the appeal may not be accepted in view of
the fact that the appellant had submitted various(Uploaded on 20/05/2026 at 08:07:44 AM)
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[2026:RJ-JP:20692] (2 of 3) [CW-3308/2023]applications, representations and notices till 2014 for
regularization of the period of suspension and release
of consequent benefits. In view of the fact that the
appellant had been acquitted by the competent court
and the fact that although the appeal has been filed in
the Hon’ble High Court against the acquittal, no stay
has been granted, we deem it fit to direct the
respondents to regularize the period of the suspension
from 1989 to 1996 and consequently to release all the
benefits due upon such regularization in terms of grant
of increments, ACPs and regular pension. The regular
pension, gratuity if any and other benefits may be
released finally as admissible after retirement with
interest at 12% from retirement till passing of this
order.”
2. Learned counsel for the petitioner submits that during
the pendency of this writ petition, the respondents have although
considered the case of the petitioner for grant of benefit of
suspension period of the petitioner from 22.10.1989 to
09.02.1996 and the aforesaid period has been directed to be
treated on duty and the petitioner has also been found entitled for
all the benefits of the aforesaid period, yet actual benefits have
not been given by the respondents.
3. Learned counsel for the respondents, although opposed
the writ petition, yet has not been disputed that the District
Education Officer Elementary Education (HQ), Alwar has
considered the case of the petitioner with regard to grant of
benefits of suspension period and order dated 05.08.2025 has
been passed.
4. Heard learned counsel for the parties and perused the
record.
5. Since, in compliance of order dated 03.12.2020 passed
by learned Tribunal, respondent-District Education Officer has
issued order dated 05.08.2025 in which, it has been principally
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[2026:RJ-JP:20692] (3 of 3) [CW-3308/2023]
agreed that the petitioner is entitled for all the benefits of
suspension period commencing from 22.10.1989 to 09.02.1996
and the said period shall be treated as period spent on duty
therefore, there can be no further impediment in granting such
benefits as directed in order dated 05.08.2025.
6. It has also been submitted that order dated 03.12.2020
passed by the Tribunal was although challenged by the
respondents by way of filing writ petition before this Court, yet the
State remained unsuccessful and the writ petition has been
dismissed. Therefore, there is no reason for not making
compliance of directions given by the Tribunal.
7. Accordingly, in view of above, this Court finds that the
writ petition filed by the petitioner deserves to be allowed at the
same is hereby allowed. Respondents are directed to implement
order dated 05.08.2025 issued by District Education Officer,
Elementary Education (Headquarter), Alwar, by granting actual
benefits, including monetary benefits if any, within a period of 30
days from the date of receipt of certified copy of this order.
8. Petitioner shall also be granted all the consequential
benefits after treating the suspension period commencing from
22.10.1989 to 09.02.1996 within the aforesaid period. The
respondents are also directed to make strict compliance of order
dated 03.12.2020 passed by the Tribunal.
9. Pending application(s) if any, shall also stand disposed
of.
(ANAND SHARMA),J
NEERU/146
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