JUDGMENT 1. - By the instant writ petitions the petitioner seeks direction to the respondents to make the pay-fixation of the petitioner under Vth Pay Commission and after granting the selection grades, order for payment of pension and gratuity with all consequential benefits and further restrain the respondents from making any recovery from the terminal benefits of the petitioner. 2. I have heard learned counsel for the parties and perused the record. 3. The facts giving rise to the present writ petition are that the petitioner entered in the services of the then Rajasthan Canal Project, which is now known as Indira Gandhi Nahar Pariyojna (for short as "IGNP") on the post of Peon in the year 1964. Thereafter, he was promoted as Lower Division Clerk in the year 1986. While serving with the respondents, the petitioner was granted annual grade increment by order dated 25.9.92 which was subsequently withdrawn by order dated 1.8.94 and consequential order came to be passed on 18.8.94. The action of respondent was challenged by the petitioner by filing SBCW Pet. No. 4439 of 1994 (Bulaki Ram v. State and ors.) . The writ petition was allowed by this court vide order dated 25.1.1995 and the orders dated 1.8.94 and 18.8.94 by which annual grade increment was withdrawn, were quashed. However, it was made clear that respondents are free to decide the matter after providing an adequate and proper hearing to the petitioner. Accordingly, the recovery from the petitioner under the orders were quashed and respondents were directed to refund the amount within a period of three months from the date of judgment of this court dated 25.1.1995. Inspite of the judgment of this court, the respondents did not fix the salary of petitioner in the revised pay-scale as provided under Vth Pay Commission which came into force w.e.f. 1.1.1996 nor the petitioner was afforded any opportunity of hearing for the alleged order of recovery. The petitioner has been paid old pay-scale i.e. pay-scale of pre-fifth Pay Commission. Ultimately various representations were made by the petitioner including legal notice through counsel but respondents did not pay any heed and hence this writ petition. 4. The petitioner has been paid old pay-scale i.e. pay-scale of pre-fifth Pay Commission. Ultimately various representations were made by the petitioner including legal notice through counsel but respondents did not pay any heed and hence this writ petition. 4. In reply affidavit, respondents stated that in compliance of the order dated 25.1.1995, a letter dated 22.2.95 was served upon the petitioner directing him to submit his representation and after considering his representation, respondents vide order dated 20.3.1995 ordered to recover Rs. 7009/- from the petitioner vide Annex.R/3. It was also averred that the petitioner has changed his option time & again, which resulted in delay for non-payment of retiral benefits. The petitioner took loan part of which has been paid and some amount of loan remained unpaid as was informed by Treasury Officer, Jaisalmer vide letter dated 12.6.2002 vide Annex.R/4. Thus recovery was ordered on account of taking loan. It was also averred that delay in finalisation of papers for retiral benefits etc. was on account of petitioner himself and certain payments on account of leave encashment, GPF, State Insurance and Gratuity etc. were made to the petitioner as shown in para No. 7 of the reply. The respondents further averred that a sum of Rs. 1238/- and Rs. 700/- are to be recovered from the petitioner on account of non-depositing of "Dari (Carpet)" measuring 10x10 ft. and one Ceiling Fan. In the reply affidavit, it is stated that pension papers of the petitioners were prepared in the old pay-scale, although at the belated stage. However, now the proceedings of recovery and fixation of pay etc. as per Vth Pay Commissioner are being processed. 5. The counsel for the respondent State could not justify the delay in process of pension papers as also the preparation of papers on the basis of old pay- scale i.e. pre-revised pay-scale under Vth Pay Commission. The petitioner claimed for fixation of pay under Vth Pay Commission as also grant of selection grade as per entitlement of revised pay-scale and payment of pension and gratuity and entitlement of which has not been denied by the respondents. Only a vague reply has been filed justifying their action and processing the pension papers at belated stage. The petitioner claimed for fixation of pay under Vth Pay Commission as also grant of selection grade as per entitlement of revised pay-scale and payment of pension and gratuity and entitlement of which has not been denied by the respondents. Only a vague reply has been filed justifying their action and processing the pension papers at belated stage. However, from the reply filed by respondents, there is no justification as to why pension papers processed in the year 2003 under old pay-scale when recommendation of Vth Pay Commission was accepted and made applicable to all the employees of State w.e.f. 1.1.1996. The petitioner being low paid employee having served till his age of superannuation and after lapse of such a long period, he has not been paid pension etc. as also fixation of pay as per scale applicable under Vth Pay Commission including arrears arising therefrom. In the circumstances, therefore, the action of respondents cannot be countenance and the writ petition deserves to be allowed. 6. If any recovery is outstanding against the petitioner, same can be made after affording an opportunity of hearing. There is nothing on record to show that Dari or fan was ever handed over or entrusted to the petitioner and he failed to deposit on his superannuation. In these circumstances, if any recovery is ordered, it is without any foundation. Respondents failed to establish as to when such articles were handed over to petitioner or whether petitioner was responsible to account for these articles. Thus, raising of demand for such articles cannot be justified. It appears that respondents have harassed the petitioner for one reason or other by denying him due pay-scale, pension, gratuity, annual grade increment etc. etc. The State Government by circular No. F. 15(3)FD(Rules)/97 dated 24.2.2001, provides that 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% per annum from the due date till actual payment is made. 7. In the result, writ petition is allowed. 7. In the result, writ petition is allowed. The respondents are directed to make pay fixation of the petitioner under Vth Pay Commission as also to grant annual grade increment in accordance with law and pay the arrears arising therefrom as also to pay pension, gratuity and other retiral benefits as applicable to the petitioner as per Revised Pay-Scale under Vth Pay Commission within a period of three months. The respondents shall also pay interest @12% per annum, on the retiral benefits which are not paid within 60 days from the date of retirement. There shall be no order as to costs. Stay petition also stands disposed of.Petition allowed. *******