CWP 575/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.575/2008 Ram Avtar Singh Yadav Versus State & (6) Ors Date of Order ::: 25/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. MR Yadav, for petitioner Mr. JK Agrawal, Addl. Govt. Counsel for State. Instant petition has been filed by petitioner for release of his terminal benefits to which he was entitled for on his voluntary retirement which was accepted by respondents giving effect from 01/07/06 (after noon) as is evident from order dt.19/06/06 (Ann.2). Petitioner initially joined service on 03/12/1968 and while holding post of Malaria Inspector in Primary Health Centre, Medh (Jaipur) submitted application seeking voluntary retirement U/r 50(1) of Rajasthan Pension Service Rules, 1996 which was accepted by respondents and he stood retired from service w.e.f. 01/07/06 (afternoon) vide order dt.19/06/06 wherein it has also been mentioned that there is no disciplinary inquiry pending or contemplated against him. Since after his retirement in July, 2006 his retirement benefits were not released, petitioner got served legal notice upon respondents and approached this Court. Notices CWP 575/08 //2// were issued by this Court vide order dt. 23/01/08 and respondents in their reply inter-alia averred that they tried to dispose of pension case of petitioner at the earliest but due to his voluntary retirement, time has been consumed to release his retiral dues. Counsel for petitioner submits that since petitioner stood retired from service way back in July, 2006, respondents were under obligation to release of his legitimate retiral dues – denial whereof is in violation of Art.14 of the Constitution and for belated payment in releasing retiral dues entitles him to claim interest in terms of R.89 of Pension Rules. There is no justification having come forward otherwise from the reply filed by respondents as to why retiral dues have not been released so far. Efforts allegedly made by respondents cannot be considered to be proper to deny rightful claim of petitioner and the delay certainly in no manner can be attributed to petitioner, it makes him entitled for interest in terms of R.89 of Pension Rules. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to release all of retiral dues including pension, gratuity and other dues under Pension Rules, 1996 payable to the petitioner on his retirement and after its due computation, arrears be paid alongwith interest @9% per annum from the date of its accrual till actual payment. Compliance be made within three months. No costs. A copy of this order be sent to the Director Pension (respondent No.7). (Ajay Rastogi), J. K.Khatri/p.2/575CW08-2511.doc