CW5992/2004 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5992/2004 Smt. Kanti Garg Vs. The State of Rajasthan and Others Date of Order ::: 24.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Mrs. Manju Joshi, Counsel for petitioner Shri Ganesh Meena, Government Counsel for respondents #### By the Court:- This writ petition has been filed by petitioner claiming interest for delayed payment of retiral benefits to her. Petitioner in this case retired on 30.11.1999 and admittedly retiral dues have been paid to her on 05.05.2000. Rule 89 of Rajasthan Civil Services (Pension) Rules, 1996 provides that government servant would be entitled to interest for delayed payment of retiral dues if such payments are not made within sixty days. In present case if this grace period is excluded, delay that is caused in making payment of such dues is hardly of four months. Learned counsel for petitioner has submitted that this delay was entirely attributable to respondents and petitioner was entitled to be immediately paid retiral dues. Learned Government Counsel on contrary CW5992/2004 // 2 // submitted that delay occasioned on account of reason of petitioner because despite being repeatedly required she did not come forward to handover charge which was necessary in view of fact that petitioner was In-charge of Library and that she had to handover charge. It is thereupon only that 'no dues certificate' could be issued on 13.04.2000. In facts of present case, I find that after issuance and production of 'no dues certificate' on 13.04.2000, respondents have made payment of retiral dues in less than a period of one month. No case for award of interest. Writ petition is dismissed. (Mohammad Rafiq) J. //Jaiman//