JUDGMENT 1. - The petitioner had filed the present writ petition under Article 226 of the Constitution of India on 5.12.2003 against the respondents with a prayer that by an appropriate writ order or direction the respondents be directed to pay all the retiral benefits to the petitioner with interest @ 18% per annum on and from the date the same had become payable till the date of payment. 2. It may be stated here that during pendency of the writ petition, petitioner Ashok Rai (hereinafter referred to as the deceased) died on 10.4.2004 and thereafter an application under Order 22, Rule 3. Civil Procedure Code was filed on behalf of legal representatives of the deceased and the application was allowed by this Court vide order dated 6.7.2004 and the present petitioners who are legal representatives of the deceased were taken on record and amended cause title was also filed. 3. It arises in the following circumstances: (i) That the deceased was appointed as Teacher grade III w.e.f. 18.8.1962 and on the request of the deceased, he was voluntarily retired w.e.f. 3.9.1998 through order dated 14.5.1999 (Annexure-1). (ii) That further case of the deceased was that before retirement, he availed leave on various occasions and through order dated 25.1 1.2002 (Annexure-2), the deceased was sanctioned 171 days leave. (iii) That further case of the deceased was that he was not made payment of leave which was granted through order dated 25.11.2002 (Annexure-2). (iv) Further case of the deceased was that after seeking voluntary retirement, papers for pension were duly submitted by the deceased as he had become entitled to get retiral benefits, but retiral benefits were not given to him, in spite of the representations made by the deceased and one of the representations dated 25.1.2003 has been annexed as Annexure-3. (v) Further case of the deceased was that as per Rule 86 of the Rajasthan Civil Services (Pension) Rules, 1996, the deceased was entitled even for provisional pension, but what to talk to retrial benefits, the deceased was not given even the benefit of provisional pension. Hence, the present writ petition with the prayer as stated above. 4. Reply to the writ petition was filed by respondents admitting the fact that the petitioner was voluntarily retired on 3.9.1998, but that order was wrong one. Hence, the present writ petition with the prayer as stated above. 4. Reply to the writ petition was filed by respondents admitting the fact that the petitioner was voluntarily retired on 3.9.1998, but that order was wrong one. In respect of granting of retiral benefits, it has been submitted by the respondents that since necessary formalities could not have been done by the deceased himself, the matter is still lying pending with the concerned authorities and it has been further submitted that the proceedings have been initiated for making payment after grant of leave to the petitioner and the bill has been prepared and same has been sent to the Treasury by the Block Office. On point of provisional pension. it has been submitted by the respondents that even the case of provisional pension has been sent to the Joint Director, Pension Department on 17.5.2004 and hence, the writ petition be dismissed. 5. Heard. 6. Before proceeding further, it may be clarified here that now the order dated 14.5.1999 (Annexure- 1) by which the petitioner was retired voluntarily cannot be challenged by the respondents and therefore to say that the deceased was wrongly retired voluntarily, has no basis. 7. Before proceeding further something should be said about pension. 8. Pension is a retirement benefit. partaking of the character of regular payment to a person in consideration of past services rendered by him. It is property and enjoys the same constitutional protection afforded to any other property. 9. It may further be stated that the Hon'ble Supreme Court in the case of Deokinandan Prasad v. State of Bihar AIR 1971 SC 1409 . has held that the pension is not a bounty payable at the sweet will and pleasure of the Government. The right to pension is a valuable right vested in a Government servant and is property and cannot be withheld by a mere executive order. 10. The Courts have also held that the claim to pension is property under Article 19 (1) (f) of the Constitution of India and is not saved by sub-article (5) of Article 10 of the Constitution of India. 11. 10. The Courts have also held that the claim to pension is property under Article 19 (1) (f) of the Constitution of India and is not saved by sub-article (5) of Article 10 of the Constitution of India. 11. From the averments made in the petition as well as from the reply submitted by the respondents, the fact that the petitioner was retired voluntarily w.e.f. 3.9.1998 through order dated 14.5.1999 (Annexure-1) is well established and the fact that even after retirement and before his death, the deceased was not even granted provisional pension and the amount which should have been paid after grant of leave vide order dated 25.11.2002 (Annexure-2) was not paid to the deceased. This reflects that the respondents have apathetic cruel behaviour on their part in releasing the provisional pension, regular pension and making payment of leaves and the concerned authorities now should remain vigilant in dealing with the case of the deceased who is now being represented by his Lrs. The fact that the deceased had not received any payment in his life time itself shows as to how the deceased was treated by the respondents. So far as the fact that the deceased was entitled to the retiral benefits is concerned, this fact has been admitted by the respondents themselves, and their reply is that the matter is being processed and the bill has been sent to the treasury. but it is the duty of the respondents to make available the retiral benefits to the Government servant and for that the present petitioners should not be deprived of the benefit which have become legally due to them. 12. For the reasons mentioned above, the present writ petition is allowed and the respondents are directed to pay all retiral benefits to the present LRs. of the deceased Ashok Rai including the amount of leave etc. within a period of three months from today which have become legally due to them. The petitioners shall further get interest @ 9% per annum on the aforesaid amount from the date of retirement till the date of payment. *******