// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.102/2004 {Narain Singh Vs. The State of Rajasthan and Others} Date of Order ::: 24.04.2009 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Ashok Kumar Bhargava, Counsel for petitioner Dr. M.S. Kachhawa, Addl. Govt. Counsel for respondents #### By the Court:- Admit. At the request of the learned counsel for the parties, the writ petition was heard finally and is being disposed of. The petitioner preferred the writ petition with a prayer to issue an appropriate writ, order or direction directing the respondents to make payment of pensionary/retiral benefits to the petitioner along-with interest thereon. It was pleaded that he retired on 31st July, 2002 but his pension was not sanctioned within a reasonable time, therefore, the present writ petition was preferred. A notice to show cause was issued to the respondents and, in response thereto, the respondents No.1 to 5 filed their reply to the writ petition, and the respondent No.7 also // 2 // filed its separate reply thereto. The respondents No.1 to 5, in their reply, have mentioned that the Pension Department has accorded pension vide order dated 15th March, 2004. The reply was filed way back on 5th January, 2007 and since then no rejoinder has been filed by the petitioner controverting the above facts mentioned by the respondents in their reply, hence there is no reason for disbelieving the contents of the reply and on the basis thereof the writ petition has become infructuous. The learned counsel for the petitioner contended that there is no reference in the reply for grant of interest on delayed payment of retiral benefits, therefore, a liberty may be granted to the petitioner to file a representation in this regard, in case the delay was not on the part of the petitioner. The prayer appears to be reasonable and such liberty can be granted to him. The writ petition is accordingly dismissed as having become infructuous with liberty to the petitioner to file a representation for grant of interest on delayed payment of retiral benefits, before the appropriate authority. In case the representation is filed by the petitioner within a period of one month from today along-with a // 3 // copy of this order, then the respondents will decide the same within a period of three months thereafter in accordance with law. The costs is made easy. (Narendra Kumar Jain) J. //Jaiman//