1 21 S.B. CIVIL WRIT PETITION No.608/2005 [MOHAN SINGH RATHORE VS. STATE OF RAJ. & ORS.] Dated : 10.03.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.Mukesh Vyas for the petitioner. Mr.Rajesh Bhati G.A. for the respondent. ***** By this writ petition the petitioner the petitioner has prayed for grant of pensionary benefits along with interest. Counsel for the petitioner submits that petitioner sought voluntary retirement from w.e.f. 30.09.1999 (Annex.1). After voluntary retirement of the petitioner w.e.f. 30.09.1999, no retiral benefit was extended despite of repeated representations and thereafter this writ petition was filed in the Year 2005. Learned counsel for the petitioner submits that during the pendency of the writ petition now the pension is awarded to the petitioner on 29.03.2005, however, interest for the intervening period has not been given to him despite of fact that entire delay for grant of pension was on the part of Department itself. Learned counsel for the respondents submits that though the petitioner's case for grant of pension was sent immediately but then due to one or the other objections raised by the Pension Department necessary 2 benefits could not be awarded till 29.03.2005. In these circumstances, it was prayed by the learned counsel for the respondents that no interest should be awarded to the petitioner in view of the fact that petitioner was given pensionary benefit even before any direction issued in this writ petition. I have perused the record and considered the submissions of counsel for the parties. Perusal of the reply shows that the matter for grant of pension remains with the Forest and Pension Department for the reason so mentioned in the reply but the fact remains that if two Departments had some dispute in granting pensionary benefits to the petitioner and matter was delayed, an employee can not be made to suffer. Apparently, there is delay in grant of pensionary benefits to the petitioner, hence the petitioner is entitled for the benefit of interest @ 9% from the date of such pensionary benefit become due. Payment of interest as directed be given to the petitioner within a period of three months from the date of production of the copy of this order. With the aforesaid directions, the petition is allowed. No order as to costs. (MUNISHWAR NATH BHANDARI), J. mamta