CWP (T) No. 5509 of 2008. 01.09.2009 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. Shashi Shirshoo, Advocate, for the respondents. The provisional family pension was sanctioned in favour of the petitioner w.e.f. 10.11.1995. Undisputedly, there is a delay of more than three year in release of final pension and gratuity. The petitioner has not been paid any interest on the retiral benefits. She has also sought directions to the respondents to grant benefit of leave encashment for 60 days unutilized earned leave towards pensionary benefits. It is settled law by now that retiral benefits have to be paid as and when they become due. In the present case, there is a delay of more than three years in releasing the final retiral dues, as noticed hereinabove. Consequently, the respondents are directed to pay interest @ 9% per annum as far as family pension is concerned and to pay interest on the amount of gratuity as per Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto. The respondents are also directed to consider the case of the petitioner for according benefits qua 60 days unutilized earned leave towards leave encashment. The needful be done within a period of eight weeks from today. With these directions, the petition stands disposed of. No costs. (Rajiv Sharma), Judge September 01, 2009. bhupender