D.B.CIVIL WRIT PETITION NO. 3358/2003 Mangi Lal Nogia v. Rajasthan High Court & ors. Date of order : 02.01.2007 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE GOVIND MATHUR Shri M.C.Bhoot for the petitioner Shri V.K.Mathur for respondent no.1 Shri B.L.Tiwari, Dy. Govt. Advocate This writ petition by a former member of the Rajasthan Higher Judicial Service has been filed seeking direction in the matter of fixation and payment of pension and other retiral dues as well as quashing the order seeking to recover amounts allegedly paid in excess to the petitioner. During pendency of the case the retiral dues have been finalised and paid to the petitioner. The petition however has remained pending to consider the petitioner's claim for interest on delayed payment. We heard counsel for the parties. From the affidavit of the High Court it appears that pension could not be finalised as the grant of annual grade increments for the year 2000 and extra ordinary leave from 2.11.1999 to 6.11.1999 and 13.12.1999 to 22.12.1999 got stuck up on account of, what has been described, concealment of certain periods and non furnishing of medical certificates. After the formalities were observed, necessary - 2 - order regarding grant of increment was passed and the period was adjusted. We are of the view that the cause of delay was processual and it does not appear that the respondents sat over the matter and deliberately withheld payments. We do not find latches on the part of the respondents so as to make the petitioner entitled to interest on delayed payment. The claim for interest is accordingly rejected. The writ petition shall be treated as disposed of. (GOVIND MATHUR) J. (S.N.JHA), C.J. mathur/