SBCWP3773/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3773/1997 {Nand Lal Bhatia Vs. Malviya National Institute of Technology and Another} Date of Order ::: 27.01.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Nishant Vyas for Shri Prem Kishan, Counsel for petitioner Mrs. Naina Saraf, Counsel for respondents #### By the Court:- This writ petition was filed by the petitioner way back in the year 1997 with the prayer that a direction be issued to the respondents holding that the petitioner is continuing in service of the respondent Malviya National Institute of Technology (earlier its name was Malviya Regional Engineering College Society), on the post of LDC in absence of any retirement letter and he be declared entitled to full salary for this period and other consequential benefits; in alternative, it was prayed that the respondents be directed that if the petitioner has actually retired, they be directed to make him payment of all retiral dues. SBCWP3773/1997 // 2 // Mrs. Naina Saraf, learned counsel for the respondents, has produced for perusal of the court Photostat copy of the letter dated 03.01.1997 showing that the petitioner, on the basis of his date of birth i.e. 08.01.1937, has retired on 31.01.1997 on attaining the age of 60 years; the other documents, which the learned counsel for the respondents produced for perusal of the Court, indicate that all the retiral dues have already been paid to the petitioner as long back as on 29.011.1997. Therefore, admittedly, there has been delay of about ten months in making the payment of retiral dues to the petitioner. The learned counsel for the respondents submitted that in so far as the period of delay in making the payment of retiral dues to the petitioner is concerned, the respondents have adopted the Rajasthan Civil Services Pension Rules, 1996 and, as per Rule 89, the period of initial 60 days is required to be excluded while making payment of interest on the delayed payment of retiral dues. In the result of the aforesaid discussion, the writ petition is disposed of with a direction to the respondents to pay to the petitioner interest for the period of SBCWP3773/1997 // 3 // delayed payment at the rate prescribed in Rule 89 of the Rules of 1996 as it was on the date of his retirement excluding the initial period of 60 days. Compliance of this judgment be made within a period of three months from the date its copy is produced before the respondents. (Mohammad Rafiq) J. //Jaiman//