1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1848/2003 Prabhu Lal Nagar Vs. State & Ors. Date of order : 22/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dayanand Sharma for the petitioner. Shri Priyanka Pareek, Addl. Govt. Counsel for the State. ****** The writ petition has been filed by the petitioner with the prayer that the retiral benefits of the petitioner were paid with delay of one year and six months. While the petitioner, working as Gram Sevak retired on 31.8.2000, but his retiral benefits were paid on 24.4.2002. Learned counsel therefore prayed that in terms of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996, petitioner should be paid interest @ 9% per annum. Respondents though opposed the writ petition and have submitted that petitioner was required to submit no dues certificate from different three Gram Panchayats, where he worked and despite being repeatedly reminded, he did not submit those documents. It was his responsibility to approach those Gram Panchayats and procure no dues certificates, therefore, the delay was on the part of the petitioner only. Having heard the learned counsel for the parties and perused the material on record, I find that once the petitioner was 2 transferred from one Panchayat to another Panchayat, no dues certificate should have been then and there issued. If he was allowed to relieve from one Panchayat and join at another without issuance of no dues certificate, for want of verification of records etc. or otherwise, petitioner alone cannot be held responsible for that. In Rule 89 of the Rules, the government servant has been held entitled to retiral dues soon after expiry of period of sixty days and for any delay beyond sixty days, he has been held entitled to interest @ 9% per annum for the period of delay. In the present case, petitioner retired on 31.8.2000 and the retiral benefits were paid to him on 24.4.2002. Even if the period of sixty days is ignored, it is evident that there was delay of one year and six months in making payment of retiral dues. In the result, this writ petition is allowed. The respondents are directed to pay interest @ 9% to the petitioner for the period of delay in making payment of retiral dues excluding the initial period of 60 days as envisaged in Rule 89, supra. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/-