1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Dr.P.N.Mutha Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.2279/2005 DATE OF ORDER :: March 21, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.K.V.Vyas, for the petitioner. Mr.Rameshwar Dave, Dy.G.A. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to pay interest on delayed payment of retiral benefit. I have heard learned counsel for the parties. The petitioner superannuated on 31.10.2003 vide Annexure-1. The petitioner is entitled for the pension and gratuity etc., which were not paid to the petitioner by the respondents even after sixty days from the date they became due and, therefore, the petitioner claims interest on delayed 2 payment of retiral benefit. Sub-Rule (1) of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short `the Rules, 1996' hereinafter) provides that if the payment of retiral benefits has been authorised after 60 days from the date when its payment becomes due, and it is established that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down in this chapter or elsewhere in these rules interest @ 9% per annum from the date retiral benefits become due would be payable till the end of the month preceding the month in which the retiral benefits are authorised. In the instant case, admittedly the retiral benefits have not been paid when they became due on the date of superannuation of the petitioner i.e. 31.10.2003 and for a period of 60 days, the respondents have failed to pay the retiral benefit to the petitioner and ultimately paid on 25.2.2005 and, therefore, in view of the provisions of Sub-Rule (1) of Rule 189 of the Rules of 1996, the petitioner is entitled for the interest on the delayed payment of retiral benefit at the rate of 9% per annum when it became due i.e. on 1.11.2003 till actual payment is made on 25.2.2005. In the instant case delay in authorising retrial benefits has been caused due to in action on the part of respondents and not on account of non-compliance of procedure 3 on the part of the petitioner. The respondents are directed to pay the interest at the rate of 9% per annum on the retiral benefit on the delayed payment w.e.f. 1.11.2003 to 31.1.2005 within three months from today. With these directions, the writ petition stands disposed of. There shall be no order as costs. [H.R.PANWAR],J. m.asif/-