1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.264/2003 Madan Gopal Arora Vs. State Date of order : 23/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri S.S. Raghav for the respondent. ****** This writ petition was filed by the petitioner way back in 2003 with the prayer that the respondents be directed to pay him all the pensionary benefits together with interest @ 18% per annum for the period of delay in making payment. Petitioner retired while working on the post of Food Inspector from the office of Chief Medical and Health Officer (for short- CMHO), Hanumangarh on 30.6.2001. His pension case was referred by the CMHO to the Joint Director, Pension Department, Bikaner on 24.7.01. The Director, Medical and Health Services, Rajasthan on 25.10.2001 issued a no due certificate in favour of the petitioner. Petitioner requested his pension case to be transferred to the State of Harayana because he was permanent resident of that State. However, his pension case got delayed because of various objections raised in the letter of pension. All of which were fulfilled by the petitioner, yet when pension was not released, he had to approach this Court. 2 The respondent-State has filed reply to the writ petition contending that the delay occurred on account of involvement of various governmental agencies vis-a-vis Government of Rajasthan, Rajasthan Accountant General. Pension case of the petitioner has been finalised and all his pension dues have been paid by its PPO and GPO both dated 6.3.2003 issued by the Treasury Office Hisar. The commuted value of the pension has also been paid to the petitioner as desired by him. Evidently, the petitioner retired from the service on 30.6.2001 and all these payments were delayed by more than 2 years. In Rule 89 of the Rules, the government servant has been held entitled to retiral dues soon after expiry of period of sixty days and for any delay beyond sixty days, he has been held entitled to interest @ 9% per annum for the period of delay. The reasons which the respondents have cited in their counter affidavit are not such, which may justify delay of almost two years. In the result, this writ petition is partly allowed. The respondents are directed to pay interest @ 9% to the petitioner for the period of delay in making payment of retiral dues excluding the initial period of sixty days as envisaged in Rule 89, supra and make payment of the same along with the pension. 3 Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. A copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/-