CWP 4567/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4567/2001 Kishan Lal Gaur Versus Director Medical & Medical & Health Services Date of Order ::: 27/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr HOP Mathur ) Mr Sudhir Harit ) for petitioner Mr Vijay Dutt, Dy.Govt. Advocate, for respondents Instant petition has been filed by retired person claiming interest over retirement dues, which were paid after more than two years of his retirement and its accrual. Petitioner served State Government and while holding post of Office Superintendent retired from service on attaining age of 58 years on 31/03/99 as is evident from order dt.16/01/99 (Ex.1) which contains his name at S.No.4. Since retirement dues were not paid, he made representation on 24/09/99 (Ex.2) and respondents released 75% towards gratuity and 100% provisional pension on 08/10/99 vide orders (Ex.3 & 4). Matter roamed around at different desks and his pension after commutation was delayed without any reason attributable on his part but finally vide orders (Ex.6 & 7) passed on 05/03/01 his pension was commuted and 25% balance of gratuity amount were also paid to him. CWP 4567/01 //2// Grievance of petitioner is that delay in making payment of his retirement dues makes him entitled for interest over such due amount from its accrual and more-so while there was no delay at any point of time attributable to him and despite his best co-operation, payment of his retirement dues were released after two years of his retirement. Respondents in their reply inter-alia averred that 100% provisional pension and 75% of gratuity payment released vide orders (Ex.3/4) immediately on the representation of petitioner and his application for commutation of pension; and balance of 25% gratuity was also paid in March, 2001. I have heard the Counsel for the parties and with their assistance, examined material on record. As regards payment of commutation of pension, delay has not materially affected him, since petitioner was getting 100% provisional pension immediately on retirement and thus no prejudice has been caused on account of any delay towards commutation of pension. As regards delay in making payment of gratuity, it appears that there is no reasonable justification come forward for such delay particularly when 75% gratuity was sanctioned and CWP 4567/01 //3// paid on 08/10/99, there was otherwise no justification in withholding 25% whereof which ultimately was paid in March, 2001 and there are State Gov. Circular dt.24/02/01 that whenever there is a delay in final settlement of retirement dues, belated payment of pensionary benefits will carry interest, as well. This Court considers it proper to grant interest @ 12% per annum over 25% gratuity belatedly paid. Consequently, writ petition succeeds and is partly allowed alongwith stay petition. Respondents are directed to pay interest 12% per annum over belatedly paid 25% gratuity amount of Rs.45,692/- from October, 1999 till its actual payment. After computation of interest in arrears be paid within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/4567CWP01intrst.doc