SBCWP No.5852/2001. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5852/2001. Smt.Laxmi Sharma Vs. Director State Insurance & Provident Fund Department & Anr. Date of order :- November 22, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Naina Saraf for the petitioner. Shri Chetan Bairwa, Additional Government Counsel. ****** BY THE COURT:- This writ petition was filed by the petitioner, who is widow of late Shri K.C. Sharma, working on the post of Assistant Engineer and died in a jeep accident in the course of his duty on 26/5/1983. Petitioner has contended that she has made number of representations for payment of terminal dues payable on account of death of her husband. The payment was delayed for one or the other pretext. It is contended that the respondents were duty bound to make the payment of all the retiral dues within time. However, the retiral dues were released to the petitioner but belatedly on 9/9/2002. Counsel contended that provident fund of petitioner's husband came to be credited in Account No.477026 and SBCWP No.5852/2001. 2 petitioner provided this information to the respondents much earlier but after 17 years respondents have stated that his account number was not correct. This delay was entirely attributable to the respondents because petitioner as widow could not be expected to know intricacies with regard to internal proceedings of the respondents. A widow has been unnecessarily deprived of her legitimate dues for a long period of 19 years in a case where her husband admittedly died while on active government duty. Learned counsel for the respondents has opposed the writ petition and submitted that the delay occasioned merely on account of the fact that correct particulars were not furnished to the department. All the terminal dues such as payment of G.P.F. were made to the petitioner on 9/9/2002. There can be no justification for delaying the payment of retiral dues to the petitioner for a long period of 19 years. Government itself while framing the Rajasthan Civil Services (Pension) Rules, 1996 has by Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 provided that the government is under legal obligation to make payment of all retiral benefits of a retired government servant 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. In the present case, all retiral dues have been paid to the petitioner at a belated stage much SBCWP No.5852/2001. 3 beyond the period of 60 days. Petitioner is therefore entitled to receive interest on the delayed payment of retiral dues excluding the period of 60 days. In the result, the writ petition is allowed. Respondents are directed to pay to the petitioner interest @9% p.a. on the delayed payment of retiral dues from the date of death of petitioner's husband i.e. 26/5/1983 till payment was acatually made to the petitioner. Compliance of this order shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. anil