CW 1362/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1362/08 Ramniwas Versus State & Ors. DATE OF ORDER : 19/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Harish Maan, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner with the grievance that despite he retired from service on 31st March, 2007, still the retiral benefits have not been paid to him. It is relevant to mention that instant petition was filed by petitioner on 11th February, 2008 and after notices were served, reply has been filed by respondents and in Para 2 of their preliminary objection details have been furnished towards retiral dues which were paid to the petitioner and it appears that all the payments were made much before the petitioner approached this court by filing instant petition. This fact has been completely concealed by him while invoking writ jurisdiction of this court about retiral benefits already received by him much before filing of instant petition. CW 1362/08 [2] Counsel has brought to the notice of this court Rule 89 of Rajasthan Civil Services Pension Rules, 1996 which stipulates that if payment of retiral benefits has not been made within 60 days and it is established that the delay in payment was not on account of failure on the part of Government servant. He will be entitled for interest @9% from the date retiral benefits became due and payable to him. There is no pleading on record which may show that so-called delay, if there is any, is attributable to the State Government and not of the government servant which became entitled for interest on account of alleged delayed payment as in the instant case. Consequently, this court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA1362CW2008 19-8.doc