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2003 DIGILAW 787 (RAJ)

Madna Ram Jahkar v. State of Rajasthan

2003-05-22

O.P.BISHNOI, RAJESH BALIA

body2003
JUDGMENT 1. - Heard learned counsel for the parties. 2. The appellant retired from the services of the State of Rajasthan-on i1st March, 1999. However. his pension and other retiral benefits payable to him w.e.f. 1st April, 1999 were not fixed spite of several reminders by him. He had to file writ petition No. 2509/2000 seeking a mandamus that the non-petitioners may be directed to grant pension to the petitioner by treating 'he entire period of service, under the state Government as also under the ventral Government, as qualifying service and interest on the arrears of pension @ 12% be allowed. 3. Apparently, the appellant was denied proper retiral benefits by excluding the period of service under Central Government, which was ultimately not found justified by the non-petitioners themselves. The order of determining the pension was made only on 10.5.2001 and he received provisional and last amount of pension on 6.1.2001 and 26.6.2001 respectively. Apparently, the petitioner has been paid provisional pension and provisional gratuity only on 6.1.2001 after about 21 months of his retirement and last payment of pension on 26.6.2001 after 26 months and 25 days for which delay petitioner, is not responsible. 4. The petitioner has in clear terms unequivocally made a prayer for interest on arrears of pension CO) 12% on account of delayed settlement of pension case, as per the directions issued by the Division Bench of this Court after Dr. Ratan Lal Mathur v. State & Ors., D.B. Civil Special Appeal (Writ) No. 297/95, decided on 12.9.1997 : ( 1991 WLC 264 ) , which laid down the procedure for dealing with the pension cases and held that the pension should be made available to the retired Government servant within a period of 60 days from the retirement failing which interest @12% be paid on arrears of pension for period of delay after expiry of 60 days. The Rule has also been introduced in the Rajasthan Civil Services (Pension) Rules vide notification No. 15(3) FD (Rules) 97/Pt. The Rule has also been introduced in the Rajasthan Civil Services (Pension) Rules vide notification No. 15(3) FD (Rules) 97/Pt. II dated 12.6.2001 providing payment of interest on delayed payment of pension, envisaging that when the pension is not released within 60 days of the retirement and the retired employee is not found responsible for such delay, he is entitled to interest at the rate of 12% 15 on the arrears of the pension w.e.f. the expiry of 60 days from the date of his retirement until such arrears are paid. 5. In reply to the writ petition, no plea whatever was raised that the delay in settling the pension case of the petitioner was at all on account of non-cooperation of the petitioner-appellant. On the other hand, when the matter came up for hearing it was stated that accepting the claim of the petitioner the pension has been determined by taking the entire period served under the Central Government as well as the State as a qualifying service and on that premise, the determination of pension and gratuity was made and arrears have also been paid. But, no interest was paid on such delayed payment of arrears of retiral benefits. The order about determination of pension and payment of arrears was made on 10th May, 2001 that is to say, two years after retirement. Apparently, almost two years have been taken by the respondents to finalise the pension and gratuity case of the petitioner-appellant for which delay petitioner was in no way responsible. 6. In view of the aforesaid statement made by the respondents, the learned Single Judge dismissed the writ petition as having become in fructuous without considering the claim of the petitioner to interest on delayed payment of arrears of retiral benefits. It. is for this reason this appeals before us on behalf of the retired personnel. 7. Having considered rival contentions and the facts noticed above, we are of the opinion that the petitioner is justly entitled to the interest at the rate of 12% on account of delayed payment of arrears of pension and other retiral benefits like gratuity. 8. It. is for this reason this appeals before us on behalf of the retired personnel. 7. Having considered rival contentions and the facts noticed above, we are of the opinion that the petitioner is justly entitled to the interest at the rate of 12% on account of delayed payment of arrears of pension and other retiral benefits like gratuity. 8. Accordingly, the appeal is allowed and the respondents are directed to make payment of interest to the petitioner-appellant on the arrears of pension and other retiral benefits paid to him in accordance with the final determination of retiral benefits w.e.f. the expiry of 60 days from the date of retirement until the date of actual payment of arrears of pension. 9. The payment of interest shall be made to the petitioner-appellant within a period of two months. 10. There shall be no order as to costs.Appeal Allowed As Above. *******