CW 4118/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4118/2006 Krishan Lal Bagga Versus Director Primary Education & (5) Ors. Date of Order ::: 12/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. MF Beg, for petitioner Mr. JK Agrawal, Addl. Govt. Counsel, for State Instant petition has been filed raising grievance for release of his gratuity withheld by respondents vide order dt.26/04/01 (Ann.1). Petitioner retired from service on 31/10/2000 while working as Physical Education Teacher in Education Department (respondents). Retiral benefits were paid to him but while making payment of gratuity, Rs.1,00,932/- being allegedly an excess payment made to him earlier, was withheld as is evident from gratuity payment order (Ann.2). However, vide subsequent order dt.09/02/04 as referred to in order dt.11/03/04 (Ann.3), it was clarified that Rs.1,00,932/- earlier withheld be released – as a consequence whereof, payment of withheld gratuity amount of Rs.1,00,932/- was actually released and finally paid to petitioner vide revised GPO dt.26/07/06 as referred to by respondents in reply to instant petition. However, Counsel for petitioner submits CW 4118/06 //2// that there was no delay attributable to the petitioner, in such circumstances, for delayed payment of withheld gratuity amount, he is entitled for interest U/r 89 of Rajasthan Civil Services Rules, 1951 (“R.S.R.”). In their reply, respondents have inter- alia averred that there was no malafide on the part of respondents for delaying the payment of gratuity as averred in instant petition; however, while computing retiral dues to which petitioner was entitled for under law at the relevant point of time, when gratuity was being released, audit department pointed out excess payment being earlier made to him, accordingly part of gratuity was withheld and immediately after clarification being made by accounts department vide order dt.11/03/04, sanction for release of withheld gratuity was issued and the same was paid to him vide order dt.26/07/06 and in the aforesaid circumstances, the delay had caused obviously due to procedural and administrative reasons. It is not the case of respondents that there was fault or delay, if any, being attributable to the petitioner, in absence whereof, whatever reasons may be, incumbent/ retired personnel is certainly entitled for CW 4118/06 //3// payment of interest in terms of R.89 of RSR. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to pay interest over delayed payment of withheld gratuity sum of Rs.1,00,932/- in favour of petitioner @9% (nine) per annum from the date of with-holding (26/04/2001) till its actual payment made vide GPO dt.26/07/06. All exercise to comply with aforesaid order be made within three months. No order as to costs. A copy of this order be sent to the Director Pension (respondent-4) for compliance. (Ajay Rastogi), J. K.Khatri/p.3/4118CW06-1212-Int.doc