CW 2063/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2063/2006 Smt. Shushila Devi Versus State & Ors. Date of Order ::: 07/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. LL Gupta, for petitioner Mr. JK Agrawal, Addl. Govt. Counsel, for State Mr. KK Sharma ) Mr. Tapsvi Vashishtt) for respondent No.5. Instant petition has been filed by widow raising grievance for release of retirement benefits due & admissible to her husband and family pension, which were paid pendente instant petition, hence there remains grievance for consideration for grant of interest U/r 89 of Rajasthan Civil Services (Pension) Rules, 1996. Ranjeet Singh, husband of petitioner while holding post of Constable retired from service on 31/05/98 - after few months whereof, died. Initially retirement dues were processed in the name of her husband even before his retirement and were sent to the respondent No.5 (Accountant General Rajasthan) vide letter dt.23/11/98 and so also to Accountant General, Allahabad vide letter dt.23/03/99. However, before husband of petitioner could get actual payment of retiral dues, he died on 08/08/98 and petitioner being widow and CW 2063/06 //2// legal heir of deceased retired employee were finally paid those retiral dues as is evident from para 14 of the reply filed by respondent Nos. 1 to 4 ad infra: “14. That averments of para No.14 of the writ petition are replied in the manner that payment towards life time arrears of pension of the above named Shri Ranjeet Singh of the period of 01/06/1998 to 08/08/98 has already been made to the petitioner as stated in para 8 of the reply. So far payment of the amended authorities of FPPO No. 705322(R) revision (amount Rs. 181477), GPO No.706824(R) (amount Rs. 49813) and CPO No.704747(R)(amount Rs. 79077), has been made by the Treasury Officer, Mainpuri to the petitioner on 20/06/06 vide cheque Nos.618962, 618959 & 618963, respectively.” That apart, as per para 8 of the reply, payment of life time arrears (Rs.7411/-) was paidto the petitioner by Senior Accounts Officer, Mainpuri (UP) vide cheque No.618958 dt.20/06/06. It has also been averred that original GPO No.704957 (R)KT of Rs.55589/- was issued in favour of husband of petitioner but since he died, revised gratuity payment order No.706883 was issued in favour of petitioner (widow) and paid on 20/11/06. CW 2063/06 //3// Counsel for petitioner submits that the delay in no manner can be attributed to her – in absence whereof, she is entitled for grant of interest U/r 89 of Pension Rules, 1996. Respondents have filed their respective reply to the petition wherein factual aspect of matter has not been disputed that retiral dues payable to her husband were paid to her only on 20/06/06 and so also 20/11/06. Respondents' Counsel submit that delay cannot be attributed to respondents as relevant papers were sent to the Accountant General Allahabad but on account of death of petitioner's husband, all papers were revised and sent to her for payment in 2006 and there was no malafide on the part of respondents for delaying the payment of retiral dues as averred in instant petition. In aforesaid circumstances, the delay had caused obviously due to procedural and administrative reasons. Suffice it to say that it is not the case of respondents that there was fault or delay, if any, being attributable to the petitioner, in absence whereof, whatever the reason may be, incumbent/retired personnel is certainly entitled for payment of interest in terms of R.89 of RSR. CW 2063/06 //4// Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to pay interest over delayed payment of retiral dues made on 20/06/06 & 20/11/06, in favour of petitioner @9% (nine) per annum from the date of retirement of her husband (31/05/98) till its actual payment made vide revised GPO/CPO etc referred to in respondent's reply. 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 respondents-1 & 5 for compliance. (Ajay Rastogi), J. K.Khatri/p.4/2063CW06-7Jn-Int.doc