JUDGMENT 1. :- This special appeal filed by the wife and the children of the writ petitioner Bal Singh Verma is directed against the order of the learned Single Judge dated 5.8.1996 in S.B. Civil Writ Petition No. 5270/92 whereby the learned Single Judge had dismissed the writ petition. 2. The writ petition was filed by the writ petitioner challenging the deduction of certain amount from the pension and gratuity of the retired deceased employee to the extent of Rs. 943/- in regard to some store furniture, Rs. 10,934/- deducted on account of books and on account of over payment of Rs. 7683/- etc. The writ petitioner was working as a Librarian in the Government Yashwant Higher Secondary School, Alwar and had superannuated on 31.5.1991. At the time of retirement, the employee had handed over the complete charge of Library books. According to the writ petitioner, he had produced the relevant documents and no objection certificate as well, but the petitioner had stated in the writ petition that because of personal bias he was harassed and humiliated. An allegation was made that certain Library books were not available to the extent of Rs. 10,934/- even though according to the petitioner the charge of all the books had been given. 3. Even the District Education Officer vide his letter Annexure-8 dated 24.6.1992 had informed the joint Director, Education, Jaipur Circle that despite the order passed by the Government to dear all the dues of the petitioner, the Principal of the institution was unnecessarily delaying the payment of the retrial benefits to the petitioner. It was so reiterated vide yet another letter Annexure ... (illegible) that petitioner was paid only 75% of the pension upto 6.6.1992 whereas he was entitled to full pension within 60 days of the date of superannuation. His gratuity amount was not paid. His pension was not commuted. With all these grievances, the petitioner had approached this court but the learned Single Judge had dismissed the writ petition on the ground that the disputed questions of facts were involved. 4. After hearing learned counsel for the parties, we are of the opinion that the order of the learned Single Judge cannot be sustained and the special appeal deserves to be allowed. It is not disputed that at the time of retirement, the petitioner had given the charge by obtaining proper signatures. 4. After hearing learned counsel for the parties, we are of the opinion that the order of the learned Single Judge cannot be sustained and the special appeal deserves to be allowed. It is not disputed that at the time of retirement, the petitioner had given the charge by obtaining proper signatures. After retirement, no enquiry has been held wherein the deceased petitioner might have been associated and, therefore, any deduction made from the retrial benefits was not permissible under the law. It is also not denied that even the payment of pension and gratuity had been either not paid or delayed. The petitioner is entitled to the interest @ 12% p.a. on the delayed payment of gratuity or pension or any part of it. It has been repeatedly held by this court that in case the retrial benefits are not paid within 60 days of the retirement, the retiree shall be entitled to interest as well. In the present case no justification has been brought by the respondents to deprive the petitioner of his retrial benefits. 5. The writ petitioner had died during the pendency of the writ petition and the special appeal has been filed by the widow and the children of the deceased. In view of the facts which are not disputed in regard to entitlement of the pension and gratuity and other retrial benefits of the deceased writ petitioner which had admittedly not been paid within time stipulated after the superannuation and deductions were made which were not legally permissible and were made without holding any enquiry, we are of the opinion that the writ petition is to be allowed. 6. We accept the special appeal and allow the writ petition with the following directions to the respondent: (1) the concerned department and the respondent shall commute/ recompute the pensionary and retrial benefits of the deceased writ petitioner Bal Singh; (2) the legal heirs of the writ petitioner shall be entitled to recover the full amount of pension and gratuity without any deduction as deductions made were not permissible under law and were illegal having been made without any enquiry. (3) the legal representatives of the deceased writ petitioner shall be entitled to interest @ 12% p.a. from the due date till the payment or from the due date when the part payment had been made. 7. (3) the legal representatives of the deceased writ petitioner shall be entitled to interest @ 12% p.a. from the due date till the payment or from the due date when the part payment had been made. 7. The order of this court shall be complied with positively within a period of three months from the date of receipt of a certified copy of this order. 8. With the above-said observations, the special appeal is allowed. The order of the learned Single Judge dated 5.8.1996 is held to be not sustainable and the writ petition is allowed. No order as to costs.Spl. Appeal Allowed. *******