1 S.B. Civil Writ Petition No. 1634/2008 Jagdish Prasad Sharma Vs. State of Rajasthan and Ors. Date of order : 17.02.2009 HON'BLE MR. JUSTICE H.R.PANWAR Mr. G.R.Goyal for the petitioner. Mr. Deepak Kannojiya on behalf of Mr. K.K.Bissa, Addl. Govt. Counsel for the respondents. BY THE COURT By the instant writ petition, the petitioner seeks a direction to the respondents to sanction his retiral benefits with 9% interest. Heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner retired on 31.10.2007 and his retirement benefits have been sanctioned by order dated 28.5.2008 and actual payment has been made on 9.7.2008. The petitioner claims interest for the delayed payment. A reply to the writ petition has been filed. In para No.5 of the reply, the State came with a case that the petitioner has never completed all the formalities before his retirement. As per Rajasthan Civil Services (Pension) Rules, 1996 before 8 months of superannuation petitioner was required to complete all 2 the formalities and thereafter Zila Parishad Sri Ganganagar 6 months before superannuation was to send the case of the petitioner to the pension department. The petitioner has not completed all the formalities in time and therefore, the Zila Parishad, Sriganganagar has not sent the pension case of the petitioner to the pension department six months before the date of retirement of the petitioner. It has been also submitted that the original service book of the petitioner was lost and that petitioner did not complete all the formalities which too are to be completed by him prior to 8 months before his retirement. The petitioner's pension case was delayed due to lost of original service book. The petitioner being Accounts Officer in the respondent department knew all formalities which are required to prepare the Duplicate Service Book, but he did not co-operate in preparing Service Book. The petitioner did not make available the respondent duplicate service book which is issued by Department to all Govt. servant while in service. The main object of the issuing Duplicate Service book is that if original service book is misplaced or lost, pension benefit can be released on the basis of that duplicate service book. In this view of the matter it was contended in the reply that the delay has been caused due to the petitioner himself, hence the petitioner is not entitled for any interest. No rejoinder to the reply to the writ petition has been 3 filed and the facts stated in para No.5 of the reply remained uncontroverted. From the reply it is clear that the petitioner did not complete all the formalities for preparation of his pension case and if at all there was any delay in sanction and payment of retirement benefits, it was on account of the petitioner and therefore, in my view, the petitioner is not entitled for the interest on the delayed payment. Since the retirement benefits have already been paid, nothing survives in the writ petition. The writ petition is therefore, dismissed. (H.R.PANWAR), J. rp