CW 4496/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4496/2009 Omkar Prasad Sharma Versus State & Ors. Date of Order ::: 26/08/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Gupta, for petitioner Mr. Ganesh Meena, Govt. Counsel, for respondents State Instant petition has been filed only with the grievance that despite petitioner having retired from service on superannuation while holding post of Senior Teacher on 30/11/2008, his retiral dues were withheld by respondents without authority of law. In reply to writ petition, respondents have inter-alia averred in para 11 that petitioner was promoted on 19/11/94 and on having acquired additional qualification of M.Ed., he was given benefit of extra increment w.e.f. 05/10/89 but excess amount paid to him was recoverable, that being so, his pension case could not be finalised. That appears to be sole objection raised in the reply for the delay in release of retiral dues admissible to him. Counsel for petitioner submits that as regards grant of benefit on having acquired qualification of M.Ed., it was granted under CW 4496/09 //2// orders of Rajasthan Civil Services Appellate Tribunal passed on 13/07/99 in appeal- 241/1997; as such what has been paid to him on the basis of higher qualification, in no manner is recoverable particularly when judgment of the Tribunal was not challenged by State Government. Counsel further submits that the delay in no manner can be attributed to petitioner – in absence whereof, he is entitled for grant of interest U/r 89 of Rajasthan Civil Services (Pension) Rules, 1996. That apart from justification referred to by respondents in the reply, even if it is taken at its face value, it was open for respondents to adjust and take appropriate action available under law but was not justified in withholding retiral dues admissible to petitioner and the State Government was under legal obligation to release the same without any delay. Retiral dues admissible to petitioner indisputably have not been paid to him and the delay had caused due to procedural and administrative reasons. In the reply also, there is no reasonable justification having come forward about non-release of retiral dues till date. CW 4496/09 //3// As per scheme of Pension Rules, 1996, retiral dues are to be paid to incumbent within sixty days from the date of retirement and if payment is made after sixty days from the date of it having become due, and it is established that failure was not on the part of Government servant, he will be entitled to grant of interest @9% per annum as admissible U/r 89 of Rules, 1996. In instant case, petitioner stood retired on 30/11/2008. Only justification came forward in the reply for having not released retiral benefits till date so far, is pending consideration of benefit accrued on petitioner having acquired higher qualification of M.Ed., while such benefit stood accrued under judgment of the Tribunal dt.13/07/99. 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 entitled for payment of interest in terms of R.89 of Pension Rules, 1996. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to release retiral dues admissible if not paid so far, alongwith interest over CW 4496/09 //4// delayed payment of retiral dues @9% (nine) per annum from the date of his retirement till its actual payment. 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 & 4 for compliance. (Ajay Rastogi), J. K.Khatri/p.4/4496CW09Aug26-Int.doc