SBCWP NO.8732/02 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.8732/2002. Shakti Kumar Rathore Vs. State of Rajasthan and another Date of order:- January 09, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri Nitin Jain for the petitioner. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- This writ petition has been filed by the petitioner with the prayer to direct the respondents to pay him pension with interest @12% p.a. On delayed payments of pension and all other retiral benefits i.e. gratuity, commutation etc. for the period w.e.f. 1/2/2002 to 5.9.2002/9.9.2002, further, respondents be directed to pay to him a sum of Rs.11,997/- and also the payment of TA bill amounting to Rs.5,156/- with interest @15% p.a. and further the order dated 27/7/2002 may be quashed demanding Rs.15,428/- from petitioner on account of un-sanctioned house rent allowance for the period w.e.f. 1/2/2000 to 28/9/2000 and in case the same is recovered, it may directed to be refunded to him. SBCWP NO.8732/02 2 2) For the reasons and grounds mentioned in the writ petition, the writ petition deserves acceptance. Otherwise also, the controversy involved is squarely covered by the reportable judgment of this Court rendered in Madan Swaroop Simlote Vs. State of Rajasthan & Ors. {S.B. CIVIL WRIT PETITION NO.1754/2001 decided on 7/11/2008}. 3) The aforesaid writ petition was allowed after analysis of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 which provides that the government is under legal obligation to make payment of all retiral benefits of a retired government servant within a period of 60 days and in any case if payment is delayed beyond 60 days, a government servant is entitled to the interest @9% p.a. on the delayed payment. In the present case, all retiral dues have been paid to the petitioner at a belated stage much beyond the period of 60 days. Petitioner is therefore entitled to receive interest on the delayed payment of retiral dues excluding the period of 60 days. 4) In the result, the writ petition is allowed. The impugned judgment & order dated 27/7/2002 is set- aside. The respondents are directed to release all due post retiral benefits in favour of the petitioner together with interest @ 9% per annum beyond 60 days from the date of retirement of petitioner of i.e. 31/1/2002 thus counting from 1/4/2002 till its SBCWP NO.8732/02 3 payment to the petitioner. The respondents are further directed to refund to the petitioner a sum of Rs.15,428/- deducted from his salary which actually was paid to him. Compliance of this order shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. anil