JUDGMENT 1. - By the instant writ petition, petitioner seeks direction to the rE Respondents to release her pension and other retiral benefits along with interest and exemplary cost. 2. Petitioner was serving as Sweeper in the Municipal Board, Sanchore. After completing 20 years service, on account of her sickness, she applied for voluntary retirement u/R 244(1) of the Rajasthan Service Rules, 1951 (for short, the Rules, 1951") and vide order Annx. 8 dated 6.9.2002, her application for voluntary retirement was allowed with effect from 17.6.2002 bit except Gratuity and Provident Fund etc., she has not been granted the pension and retiral benefits. Hence this writ petition. 3. I have heard learned counsel for the parties and perused the record. 4. A perusal of the order Annex. 8 dated 6.9.2002 itself makes it clear that the petitioner has been voluntarily retired u/R. 244(1) of the Rules, 1951 with effect from 17.6.2002 and there is clear mention in this order that she will be granted all the retiral benefits as per the Rules. Petitioner approached the respondents for releasing the pension and other retiral benefits and ultimately she sent a Demand of Justice Notice Annx. 10 dated 11.11.2002 through her counsel but all her attempts proved abortive. No reply has been filed by the respondents justifying withholding the pension and retiral benefits. It was incumbent upon the respondents to allow her pension and retiral benefits immediately but the respondents did not take care of it. 5. A Division Bench of this Court, in DBCSA (W) No. 297/1995 decided on 12.9.1997, has held as under : "In the eventuality of a delay in the payment of retiral benefits, without sufficient reason, the retiring employee shall be entitled to receive interest thereon (4). 12% per annum for the period commencing from 60 days after the date of such retiral benefits becoming due, and upto the date of authorisation of such benefits to the employee by the Director, Pension Department." 6. The Division Bench further ordered that such interest shall be is recoverable personally from the concerned Head of Department/other officer held responsible for the delay. 7.
The Division Bench further ordered that such interest shall be is recoverable personally from the concerned Head of Department/other officer held responsible for the delay. 7. The matter has been considered by the State Government in the light of the orders of the Division Bench of this Court and in addition to the procedure already laid down under the Rajasthan Civil Services (Pension) 20 Rules, 1996, the State Government: vide Circular dated 24.2.2001, issued the guidelines for strict compliance. The relevant portion of the said Circular dated 24.2.2001 reads as under. "To calculate all the retiral benefits including the pension and to pay the same either on the same day or sanction the same when the pensioner retires or immediately thereafter, but not all means within 60 days of the date of retirement. If the retiral benefits are not sanctioned/paid even after expiry of 60 days from the date of retirement invariably, unless there are exceptional circumstances to act otherwise, the pensioner shall be entitled to the interest at the rate of 12% p.a. from the date till actual payment is made.- 8. In view of the Division Bench decision and the Circular dated 24.2.2001 issued by the State Government, it was incumbent upon the respondents to release the pension and post-retiral benefits to the petitioner within sixty days from the date of her retirement, falling which the said amount shall carry interest @12% per annum, which shall be recoverable from the erring officer. In the instant case, the petitioner has not been paid the pension and other retiral benefits though she retired w e.f. 17.6,2002. 9. In this view of the matter. the writ petition is allowed and the respondents are directed to forthwith release the pension and other retiral benefits to the petitioner along with interest @12% from the date the petitioner became eligible for pension etc. till the date of actual payment. The said amount of interest shall be recoverable personally from the concerned erring officer. There shall be no order as to costs. The stay petition also stands disposed of.Writ Petition Allowed. *******