1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3293/2003 Brij Bhushan Srivastava Vs. State & Ors. Date of order : 23/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashvin Garg for the petitioner. Shri Krishna Verma, Deputy Govt. Counsel for the State. ****** Admittedly in this case all retiral dues of the petitioners have been paid to the petitioner albeit with delay of almost four years. The petitioner retired from the services of the respondents as Office Assistant from the office of District Transport Officer, Kotputli on 31.7.2002. The respondents in their reply stated that he was paid the amount of Rs.97,143/- towards earned leave of 231 days after deducting Rs.29,054/-, which was due of Store Audit. Shri Krishna Verma, learned Deputy Govt. Counsel for respondents has asserted that all the dues of the petitioner have been paid. Shri Ashvin Garg, learned counsel for the petitioner submitted that the amount of gratuity, commutation and pension were paid with substantial delay. The respondents have not given any reason regarding the delay in making payment of retiral dues to the petitioner. 2 In the circumstances when payment of all the retiral dues has been made, nothing survives except grant of interest claimed by the petitioner at the rate of 18% per annum. In Rule 89 of the Rules, the government servant has been held entitled to retiral dues soon after expiry of period of sixty days and for any delay beyond sixty days, he has been held entitled to interest @ 9% per annum for the period of delay. In the result, this writ petition is partly allowed. The respondents are directed to pay interest @ 9% to the petitioner for the period of delay in making payment of retiral dues excluding the initial period of sixty days as envisaged in Rule 89, supra. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/-