JUDGMENT 1. - The petitioner retired from service on 31.5.1991 after attaining the age of super-annuation. At the time of retirement, he was holding the post of Vaidh and his basic salary was 2300/-. He became entitled for pension and other post retiral benefits. 2. When the matter of payment of pension arose, on 2nd of November, 1991 a very strange objection was raised on behalf of the Government requiring the petitioner to file his original certificate of Board of Secondary School Education in order to verify the date of birth and finalisation of his pension case. 3. Shri A.K. Bansal appearing on behalf of the respondents No.1, 2 and 4 has stated that the required certificate, in order to verify his date of birth, has not been produced by the petitioner as yet, so the pension could not be paid. This Court fails to appreciate the contention so raised. Every action of the Government is supposed to be fair and is required to meet the test of resonableness. So far the date of birth is concerned, it might have been relevant at the time of appointment. It was extremely unfair on the pail of the Department to raise this objection after his retirement. 4. What is the purpose behind this objection? Even the learned counsel appearing on behalf of the respondents is not in a position to explain the same. To receive pension is the right of a Government servant after his retirement. The action of the respondents, is wholly arbitrary, in not paying the same though four years have passed. 5. Learned counsel appearing on behalf of the petitioner states that after filing the writ petition, the amount of pension due prior to April, 1995 has been paid along with gratuity. Under these circumstances, I direct the respondents to pay the balance amount within a period of one month and the pension in future shall be paid regularly to him as and when it falls due. 6. The writ petition succeeds and is allowed with Rs. 2000/- as costs against the respondents No.1, 2 and 4 to be paid within one month. 7. Petitioner could very well press for payment of interest on the late payment of pension and gratuity.
6. The writ petition succeeds and is allowed with Rs. 2000/- as costs against the respondents No.1, 2 and 4 to be paid within one month. 7. Petitioner could very well press for payment of interest on the late payment of pension and gratuity. The learned Government Advocate states that the Government will have no objection in payment of the interest at the rate of 12% p.a. on the amount of pension which was due from 1991 till April, 1995. The interest amount is also to be paid within a month from today.Revision Allowed. *******