S.P.A. No.96 of 2007 Hon’ble Tarun Agarwala, A.C.J. Hon’ble V.K. Bist, J. Heard Shri B.D. Upadhyay, learned counsel for the appellants and Shri Pankaj Chaturvedi, Advocate holding brief of Shri Lalit Sharma, learned counsel for the respondent. The writ petitioner filed a writ petition praying that his pension should be fixed and that pensionary benefits should be released alongwith interest. The stand of the appellant before the Writ Court was that a disciplinary inquiry had been initiated against the writ petitioner and that a provisional pension was being paid and the balance amount was withheld on account of the domestic inquiry. The Writ Court found that the petitioner was exonerated in the disciplinary proceedings, inspite of which the pension was not released. Accordingly, the writ petition was allowed and the appellants were directed to sanction the final pension to the petitioner and also make payment of other retirement dues alongwith 6% interest. The department being aggrieved had filed the present Special Appeal. The learned counsel for the appellants submitted that only a sum of ` 1,00,000/- (Rupees One Lakh) was withheld, which was paid on 29.06.2007 i.e. after the decision of the learned Single Judge. The appellants have filed the appeal praying that interest should not be imposed, since the amount was withheld on account of disciplinary proceedings. In “Dr. Uma Agrawal Vs. State of U.P. and another” (1999) 3 Supreme Court Cases 438, the Supreme Court has held that pension is not a bounty, but a right of a government servant and if there is a delayed payment of pension, then interest is payable. Similar view was reiterated by the Supreme Court in “Baij Nath Gupta Vs. State of Bihar and others” (1996) 10 Supreme Court Cases 297 & “Vijay L. Mehrotra Vs. State of U.P. and others” (2001) 9 Supreme Court Cases 687. In the light of the aforesaid, the Court does not find any error in the judgment passed by the learned Single Judge, directing payment of interest on delayed payment of pension. The Special Appeal fails and is dismissed. (V.K. Bist, J.) (Tarun Agarwala, A.C.J.) 04.08.2011 04.08.2011 Arpan