State Cannot Profit From Its Own Failure To Maintain Service Records: Rajasthan High Court Orders Release Of Retiral Dues, ₹50K Cost
The Rajasthan High Court slammed the State for non-release of pensionary dues to the petitioner who retired in 2023, on account of non-completion of the service book, terming it as “inexcusable administrative inaction”.The bench of Justice Arun Monga observed that the service book had to be maintained and updated by the employer i.e. the State. Hence, it was manifestly unjust to allow...
The Rajasthan High Court slammed the State for non-release of pensionary dues to the petitioner who retired in 2023, on account of non-completion of the service book, terming it as “inexcusable administrative inaction”.
The bench of Justice Arun Monga observed that the service book had to be maintained and updated by the employer i.e. the State. Hence, it was manifestly unjust to allow the State to profit from their own default by withholding the pensionary benefits of the petitioner.
The Court directed the release of the dues within 60 days, and in case of failure, have directed that the salaries of the concerned District Collector be withheld. Furthermore, a cost of Rs. 50,000 was imposed on the State, to be recovered from the salary of the officer who shall be found responsible for failure to complete the service book.
For context, the petitioner was a Patwari, who had a record of 40 years of unblemished service. As he neared retirement, he had given his service book for updation which remained pending till the time he retired in 2023. Owing to such non-completion of the service book, the petitioner had not received his pensionary dues till date. Hence, the petition was filed.
The counsel for the State submitted that necessary steps were underway and needful shall be done as soon as possible, and sought for an adjournment.
The Court took note of an earlier Coordinate bench order in this matter that recorded this as a serious matter, and made some sharp observations. The earlier bench had sought a reply on the next date, with a clear warning that if no reply was filed, the officer-in-charge had to be present.
The Court observed that despite such background, the situation had not improved, and rather the State had again sought adjournment in a “very nonchalant” manner. The Court held that,
“The service book is a document maintained, updated and controlled exclusively by the employer i.e., the State and its revenue officers, and the obligation to keep it current rests entirely with the department, not the employee. Any lapse in its updation is therefore attributable solely to the administrative neglect of the respondents…This is no minor matter. Pensionary benefits are not a bounty disbursed at the pleasure of the State, but property earned through years of service, integral to the right to life and dignity of a retired employee under Article 21.”
In this background, the petition was allowed, with directions to release the pensionary dues of the petitioner within 60 days, within interest. In case of failure, the Court directed withholding salary of the concerned District Collector.
Further, a cost of Rs. 50,000 was imposed on the State, recoverable from the erring official who failed to complete the service records.
Title: Shri Shanti Lal Dholi v The State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 230