1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1743/06 Smt. Prem Sharma vs. The Secretary of Education & Ors. Date of order : 22/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Swaraj Sharma for the petitioner. Shri B.L. Awasthi, Addl. Govt. Counsel for the State. ****** This writ petition has been filed by widow of late Shri Prithviraj Sharma who retired from the services of the respondents as per order dated 31.1.1998 and thereafter died on 30.9.2000. The petitioner and her son kept pursuing the matter for payment of his retiral dues, GPF, provident fund, gratuity, leave encashment and the arrears of salary so much so that all these dues were not paid to her till she was compelled to file the present writ petition in 2006. The respondents in reply to the writ petition have stated that all these dues have been paid to the petitioner which includes the amount of State Insurance, GPF amount, arrears of salary for three months, the leave encashment amount and that PPF and CPF were also issued. The only cause for 2 such an enormous delay was that the service record of the husband of the petitioner was incomplete, but nothing has been stated as to who was to blame for that. The rule making authority in Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short-the Rules) has provided for 60 days as the outer limit for payment of retiral dues to the government servant and in the present case when the retired government servant died in 2000, the respondents were expected to act quickly by taking a sympathetic attitude. In matter like this also, the respondents acted in the most lackadaisical manner. Nothing was done till even two years after filing of the writ petition. In the facts of the case, the petitioner has made a case for grant of interest in terms of Rule 89 of the aforesaid Rules as also for award of cost. The aforesaid Rule was amended by notification dated 12.6.2001 which provides for at the rate of 12% as the interest for payment of retiral dues beyond 60 days and therefore petitioner would be entitled to interest in terms of the aforesaid rule. 3 The writ petition is accordingly allowed with direction to the respondents to pay to the petitioner the interest for the period after expiry of 60 days from the date of retirement of her husband on 31.1.1998 i.e. from 1.2.1998 onwards till the actual payment under various heads are made @ 12% per annum. In addition, the petitioner would also be entitled to receive a sum of Rs.3,000/- as payment of cost for compelling her to approach this Court, which shall be paid to her along with aforesaid dues. Compliance of the judgement be made within three months from the date copy of the judgement is produced before this Court. (MOHAMMAD RAFIQ), J. RS/