SBCWP No.6438/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6438/2002. Smt.Shakuntala Mathur Vs. State of Rajasthan & Ors. Date of order : November 6, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mahendra Meena for the petitioner. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT :- The petitioner who was serving the respondents on the post of Teacher Gr.III sought voluntary retirement on account of her poor health. She was allowed to proceed on voluntary retirement w.e.f. 7/2/2002 vide order of the respondents dated 1/2/2002. Retiral dues of the petitioner were not timely paid therefore she had to file this writ petition with the prayer that the respondents be directed to release payment of pension and other benefits including gratuity, commutation and other retiral benefits together with interest @18% p.a. 2) Learned counsel for the respondents submitted that the delay in making payment of all these retiral dues was on account of the fact that petitioner did not timely submitted NOC for clearance SBCWP No.6438/02. 2 of her loan which was taken by her for purchase of the vehicle and Last Pay Certificate (LPC) from the Government Primary School No.3, Jobner was not timely produced by her. In this connection, a letter dated 23/7/2002 was addressed by the Block Education Officer to the Headmaster, Government Primary School No.3, Jobner. 3) It would be evident from the letter dated 23/7/2002 that though the petitioner is required to submit NOC but this certificate was to be provided by the office of respondents themselves and secondly the letter does not indicate that there was any outstanding from the loan amount advanced to the petitioner. From the letter of the Block Education Officer dated 23/7/2002 addressed to the Headmaster of Government Primary School No.3, Jobner, it is clear that Headmaster of the school did not timely send the LPC of the petitioner to the respondents. On both the counts, delay cannot be said to have attributable to the petitioner. 4) Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 provides that the government is under legal obligation to make payment of all retiral benefits of a retired government servant minimum within a period of 60 days and in any case if payment is delayed beyond 60 days, a government servant is entitled to the interest @9% p.a. on the delayed payment. Since all the retiral benefits have been paid to the petitioner in January 2003, the only direction which can be issued to the respondents for SBCWP No.6438/02. 3 payment of interest on the delayed payment of retiral dues. In the result, the writ petition is allowed in part. The respondents are directed to pay interest on the delayed payment of retiral benefit @9% per annum excluding the period of 60 days within a period of two months from the date, copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil