JUDGMENT 1. This writ petition has been filed by the petitioner with the following prayer : "By an appropriate writ, order or direction the respondent Rajasthan State Electricity Board be directed to pay pension amount with all ancillary benefits to the petitioner immediately with 18% per annum interest till the payment." 2. The petitioner was initially appointed with the erstwhile Electrical and Mechanical Department of Government on 1st November, 1949 at Dholpur. He was then promoted as Helper-II on 18th April, 1953 and Helper-I on 1st May, 1955 and lastly promoted as Driver-II on 1st January, 1964. While working as Driver-II, the petitioner retired. The petitioner has stated that he had opted for the service of the Board and continued in the service of the Board till the date of his retirement i.e. 1st July, 1979. The petitioner has further stated that at no point of time the provident fund contribution was deducted from his salary, but he had opted for pension scheme. The petitioner has also stated that the Executive Engineer (O and M), Rajasthan State Electricity Board, Bharatpur sent a letter to the Superintending Engineer, RSEB, Alwar on 2nd December, 1988, whereby he has clearly verified that the petitioner's name was in the name of employees who were to get pension and in this regard the letter dated 2nd August, 1973 was also written. A copy of the letter dated 2nd December, 1988 has been placed on record as Annexure/2. It is stated that in the letter dated 2nd August, 1973, a list of the employees working under the Executive Engineer who had opted for pension had been sent to the Superintending Engineer and in this list the petitioner's name finds place at Sr. No. 71 of Dholpur sub-division. The petitioner's name was also included at Sr. No. 5 in the list which was sent along with letter dated 28th April, 1970 by the Assistant Engineer, Dholpur. The petitioner submits that he. has sent number of letters to various authorities to allow him pensionary benefits, but the same have not been paid to him. He is entitled to the pension and had never opted for provident fund scheme and he is eligible for pension on the total period of service rendered by him ever since 1st November, 1949. It is also stated that a sum of Rs. He is entitled to the pension and had never opted for provident fund scheme and he is eligible for pension on the total period of service rendered by him ever since 1st November, 1949. It is also stated that a sum of Rs. 9,417/- was paid to him in pursuance of letter dated 3rd July, 1981, but this amount was paid as provident fund and since the petitioner was facing hardship, he accepted this amount. 3. No return has been filed on behalf of the respondent Board, although this writ petition is pending since May 1989 and the last opportunity was given to Shri K.K. Sharma for filing the reply on 16th May, 1990. The matter relates to non-payment of pension to the petitioner who retired in 1979. Looking to the facts of the case, I do not find any justification for granting any further time to file reply. However, the learned counsel has invited my attention to a Division Bench judgment of this Court in Dhalu Ram v. RSEB and other identical cases, decided on 16th November, 1988 and submitted that his case is fully covered by the said judgment. A copy of this judgment has been placed before the court for perusal. Shri K.K. Sharma is not in a position to distinguish the aforesaid judgment. I have gone through the pleadings of this case and the documents annexed therewith and the judgment dated 16th November, 1988, passed by a Division Bench at Jodhpur and find that the case is covered by the aforesaid judgment. 4. The respondent Board is, therefore, directed to pay the pension amount and other retrieval benefits, if any are due, to the petitioner from the date the same became due in his favour i.e. date of retirement, 1st July, 1979. The petitioner has also claimed interest at the rate of 18% per annum. I find that in this case the pension amount had been withheld without any lawful justification and, it will meet the ends of justice if the petitioner is awarded 12% per annum interest. It is further clarified that while making the payment of arrears a sum of Rs. 9,417/- and any other amount which may have been paid on this account, shall be deducted from the arrears along with the amount of interest on the sum of Rs. It is further clarified that while making the payment of arrears a sum of Rs. 9,417/- and any other amount which may have been paid on this account, shall be deducted from the arrears along with the amount of interest on the sum of Rs. 9,417/-, or such other amount which may be found to have been paid,to the petitioner on this account at the same rate i.e. 12% per annum. This order shall be complied with by the Board within a period of two months. So far as the current pension is concerned, the payment of pension shall be made forthwith. In case, payment of arrears and payment of pension now onwards is not made-within a period of two months, the petitioner shall be entitled to interest at the rate of 18% per annum after the expiry of two months. 5. The writ petition is allowed as indicated above.Petition allowed. *******