1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 2400/2005 Jagdish Lal Mathur Vs. State of Rajasthan and Ors. Date of Order : 03/05/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. B.P.Mathur for the petitioner. Mr. B.L.Tiwari, Deputy Govt. Advocate for the respondents. BY THE COURT:- By the instant writ petition under Articles 226 & 227 of the Constitution of India, the petitioner seeks a direction to the respondents to pay interest on the delayed payment of retiral benefits. I have heard learned counsel for the parties. The petitioner came to be superannuated on 30.6.2000 Afternoon. His retiral benefits were not paid within two months from the date it became due. A reply to the writ petition has been filed by the respondents stating therein that some clarification was sought with regard to the grant of two 2 selection grades in respect of the petitioner and that has caused delay in making the payment of retiral benefits. However, the respondent State came with a case that after petitioner's retirement, the benefits became payable and the petitioner was asked to accept the provisional pension, but the petitioner declined to apply and accept the provisional pension and this fact has not been disputed by the counsel for he petitioner. Learned Deputy Government Advocate submits that provisional pension is full monthly pension payable to a retiring person and thus, since the petitioner did not accept the provisional pension, the respondent State cannot be fastened with the liability to pay the interest on delayed payment of pension. However, learned Deputy Government Advocate accepts that the amount of gratuity amounting to Rs.1,77,045/- which fell due on the retirement of the petitioner could not be paid within 60 days from the date it became due but it was paid on 17.7.2001 by the respondents and therefore, if any interest is payable then it can be only on the delayed payment of gratuity and not on pension. So far as the payment of pension is concerned, it cannot be said that the delay has been caused on account of the inaction of the respondents. On the contrary, the petitioner declined to accept the provisional pension. In this view of the matter, in my view, the petitioner is entitled for the interest @ 12% p.a. only on the gratuity amount of Rs.1,77,045/- from the 3 date it became due till it was paid. In the result, the respondents are directed to pay interest @ 12% p.a. on the gratuity amount of Rs.1,77,045/- for the period from 1st July, 2000 to 16.7.2001 to the petitioner. The interest may be paid to the petitioner within two months from the date of production of certified copy of this order. With these directions, the writ petition stands disposed of. No order as to costs. (H.R.PANWAR),J. rp