CW 1769/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1769/2009 Dr. Satyavrat Sharma Versus State & Ors. Date of Order ::: 08/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. BBL Sharma, for petitioner Mr. Anant Bhandari, for respondents. Instant petition has been filed with the grievance that petitioner while holding the post of Principal College Education, stood retired from service on 31/12/2007 but without any reason or rhyme, his retiral dues to which he is entitled for under law, have been arbitrarily withheld by respondents. After the notices were served, respondents have filed reply to the writ petition, wherein it has been inter-alia averred that in course of his service, petitioner was inflicted with penalty of stoppage of one annual increment with cumulative effect in a disciplinary inquiry conducted for the charge of misconduct imputed of unauthorised absence for the period from 17/11/96 to 14/01/99 – against order of penalty (supra) dt.21/04/03, petitioner preferred CWP-6130/03 wherein this Court vide interim order dt.17/10/03 (Ann.R/2) stayed the operation of penalty (supra) and because of CW 1769/09 //2// pendency of CWP-6130/03, his case for pension could not be finalised. It has not been disputed that earlier CWP-6130/03 preferred by petitioner is pending before this Court and operation of order inflicting penalty against him stands stayed vide interim order dt.17/10/03 (Ann.R/2). Only grievance raised herein is that his retiral dues have been withheld by respondents to which he is entitled for and the delay in no manner can be attributed to him; as such he is further entitled to interest over the delayed payment of retiral dues in terms of R.89 of Rajasthan Civil Services (Pension) Rules, 1996. Once petitioner has retired from service on 31/12/2007, he was entitled for retiral dues admissible under law on the basis of last pay drawn while holding the post of Principal, on the date of retirement. U/r 7 of Rajasthan Civil Services (Pension) Rules, 1996 (“Pension Rules, 1996”), retiral dues could be withheld only if any judicial or departmental proceedings are pending. In case of present petitioner, indisputably, there was no judicial or departmental proceedings pending at the time of his retirement on 31/12/2007 – in absence whereof, there was no justification CW 1769/09 //3// available for respondents to withhold his retiral dues to which he is entitled for under law. As regards submission made by Counsel for respondent State about pendency of petitioner's earlier CWP-6130/03, suffice it to say that once the penalty inflicted vide order dt.21/04/03 was stayed by this Court vide interim order dt.17/10/03 (Ann.R/2), certainly respondents were under obligation to give effect to the interim order granted in favour of petitioner as if there was no penalty inflicted upon him and in such circumstances, petitioner was entitled for being considered for release of pensionary dues admissible on retirement. However, if petitioner's CWP-6130/03 is finally dismissed, respondents will always be at liberty to adjust/revise pensionary & retiral benefits paid to him during its pendency. As regards delay in release of pension in favour of petitioner, suffice it to say that 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 CW 1769/09 //4// of Government servant, he will be entitled to grant of interest @9% per annum as admissible U/r 89 of Rules, 1996. Consequently, writ petition succeeds and is hereby allowed; and the respondents are directed to compute retiral dues of petitioner on the basis of last pay drawn of Principal as admissible under law and be paid alongwith interest over delayed payment of retiral dues @9% (nine) per annum from the date of his retirement till its actual payment. However, the respondents will be at liberty to adjust/revise its computation for payment of retiral dues in terms of the final decision of CWP-6130/2003 preferred by the petitioner. All exercise to comply with aforesaid order be made within three months from the date certified copy of this order is furnished in the office of respondents. No costs. (Ajay Rastogi), J. K.Khatri/p.4/ 1769CW09Dec8-Pens-Int.doc