JUDGMENT 1. 1. By this Writ Petition the petitioner seeks to quash the recovery of penal interest on the amount of loan and interest which remained unpaid and in respect of which the petitioner had already informed before his voluntary retirement that the same may be adjusted against the death-cum-retirement gratuity. The petitioner retired from the post of Dy. Registrar, Rajasthan High Court and he sought voluntary retirement w.e f. 30th April, 1986. On 18th March, 1986 he had informed the Accountant General vide Annexure-1, and Annexure-3 that the amount of unpaid loan and interest may be adjusted against the amount of death cum-retirement gratuity payable to the petitioner. According to the petitioner the amount of unpaid loan was Rs. 9170/-and the amount of unpaid interest was Rs. 20,464/-. Thus the total amount to be repaid by the petitioner, therefore, comes to Rs. 29.634/-. The Govt. is now seeking payment of Rs. 6025/-from the amount of his pension after adjusting the entire amount of death-cum-retirement gratuity. The adjustment has been made to the tune of Rs. 12,571/- as stated by the petitioner. 2. The whole question is whether any penal interest can be charged from the petitioner. When the petitioner had informed the Accountant General one and half months in advance before the date of his retirement for making adjustment of the entire amount of principal as well as the interest from the gratuity amount, then there is no question of charging any penal interest from the petitioner. We have not been shown as to how the petitioner is liable for the payment of penal interest. The amount ought to have been adjusted as informed by the petitioner vide annexure 1. and annexure 3. If such an adjustment would have been made then the question of charging the penal interest would not have arisen. In our opinion, the charging of the penal interest is not warranted in the circumstances of this case. There does not appear to be any default or contravention on the part of the petitioner, giving rise to the claim of charging the penal interest by the Govt. The petitioner confines his prayer from quashing the penal interest and rest of the claim be withdrawn. 3. There does not appear to be any default or contravention on the part of the petitioner, giving rise to the claim of charging the penal interest by the Govt. The petitioner confines his prayer from quashing the penal interest and rest of the claim be withdrawn. 3. In the above view of the matter, we direct that the adjustment of the unpaid amount of loan and interest may be made against the amount of gratuity payable to the petitioner and no panel interest shall be charged. Remaining amount of the gratuity shall be paid to the petitioner and no recovery from his pension shall be effected on account of any penal interest. Two months time is allowed for making payment. 4. The writ petition is allowed accordingly.Revision Dismissed. *******