SBCWP No.4427/2000. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4427/2000. Smt.Gita Devi Vs. State of Rajasthan & Anr. Date of order : November 26, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Miss Ashish Sharma for the petitioner. Shri V.D. Gathala for the respondents. **** BY THE COURT :- This writ petitoin has been filed by Smt.Gita Devi, widow of late Shri Amarchand Verma who was serving the respondents as Executive Officer. Late Shri Amarchand Verma was appointed on the post of Executive Engineer in the year 1967. He died on 30/5/1994 while serving the respondents on the post of Executive Officer Municipal Board, Nainwa. He in this manner rendered more than 27 years of service. 2) Miss Ashish Sharma, learned counsel for the petitioner has argued that after the death of her husband, petitioner made number of representations to the respondents for releasing payment of family pension, gratuity as well as other terminal dues. Copies of such representations namely representation dated 11/8/1994 and 9/8/1996 are placed on record. SBCWP No.4427/2000. 2 After expiry of period of 3 years, respondents merely sanctioned release of provisional pension to the extent of 75% vide order dated 22/2/1997. Petitioner thereafter further submitted representations on 13/11/1997 and 1/6/2000 requesting that family pension and other terminal dues such as gratuity and leave encashment etc. should be released to her. When no action was taken, she approached this court in the year 2000. 3) Notice of this writ petition was issued to the respondents as far as back 26/9/2000. Respondents soon thereafter put in their appearance. Matter was listed before the court on various dates and ultimately it was admitted on 2/9/2008. Even though respondents were granted number of opportunities to file reply to the writ petition but till date they have not filed any such reply. Facts as stated above are duly supported by documents and which have not been rebutted even by the respondents therefore have to be taken as correct. There is no reason shown as to why petitioner was forced to approach this court for payment of full family pension and other terminal dues such as gratuity and leave encashment etc. No reason has been shown as to why delay of 3 years was caused in paying 75% family pension of the petitioner and thereafter when period of 14 years have gone by now from the date of death of her late husband, the payment of other retiral dues such as gratuity, leave encashment etc. have not been made. Petitioner has made out a case for mandamus to the respondents for SBCWP No.4427/2000. 3 payment of all these dues as also for award of the cost. 4) Writ petition is therefore allowed. Respondents are directed to sanction and pay full family pension to the petitioner w.e.f. the date of death of her husband i.e. 30/5/1994 and continue to pay such family pension on month to month basis and are further directed to pay amount of gratuity, leave encashment, provident fund and other terminal dues as may be found due in accordance with the rules. Petitioner shall also be entitled the cost @9% p.a. for the period of delay in payment of the aforesaid payments excluding the period of 60 days because as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996, government is under legal obligation to make payment of all retiral/terminal benefits of a retired/deceased government servant minimum within a period of 60 days and in any case if payment is delayed beyond 60 days, a government servant or his LRs are entitled to the interest @9% p.a. on the delayed payment. In the present case, full family pension and other terminal dues have not been paid to the petitioner within 60 days. Petitioner is therefore entitled to receive interest on the delayed payment of full family pension and other terminal dues excluding the period of 60 days. Respondents are also directed to pay to the petitioner Rs.2000/- as cost which shall be paid along with the aforesaid amount. SBCWP No.4427/2000. 4 Compliance of the judgment shall be made within a period of three months from the date, certified copy thereof is produced by the petitioner before the respondents. (MOHAMMAD RAFIQ), J. anil