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2009 DIGILAW 1048 (RAJ)

Kamla Devi v. State of Rajasthan

2009-04-16

GOVIND MATHUR

body2009
JUDGMENT 1. - After getting retired with effect from 1st February, 1984, by an order dated 17th August, 1988 passed by the Director, Department of Ayurved, Government of Rajasthan Ajmer, husband of petitioner-Shri Yadunandan Verma claimed for pension and all other post retiral terminal benefits. 2. According to the petitioner, her husband Shri Yadunandan Verma by various representations agitated his cause regarding grant of pension and all other post retiral terminal benefits before the competent authorities of the respondents including Deputy Secretary, Department of Medical & Health' Services (Group-IV), Government of Rajasthan, Jaipur but no action was taken. Shri Yadunandan Verma ultimately died on 18th June, 1990 and after his death, the petitioner claimed for family pension but to no consequence; hence this petition for writ is preferred. 3. After services of notices issued by this Court in the instant petition for writ on 25th July, 1997, provisional pension was given to present petitioner by PPO No. 500354 dated 14th July, 1998. A provisional gratuity for sum of Rs. 8408/- too was given on 22nd December, 1998. As per respondents, permanent Pension Payment Order was made subsequent thereto. 4. The fact admitted in that late Shri Yadunandan Verma stood retired from service with effect from 01st February, 1984 under the order dated 17th August, 1988 and despite his entitlement to receive pension and other post retiral terminal benefits those were not given to him in his life time. Shri Verma acquired such entitlement after issuance of order dated 17th August, 1988. The respondents, therefore, were required to determine pension of the petitioner immediately after 17th August, 1988. 5. A delay of about ten years occurred in actual payment of pension and all other post retiral terminal benefits to the petitioner and for that, no just and valid reason is available with the respondents. The payment of family pension too is highly delayed. Late Shri Verma and the present petitioner were deprived from their property by the State arbitrarily, as such, they are required to be compensated suitably. Thus, the petitioner is declared entitled for interest at the rate of 8.5% per annum on the delayed payment of pension and all other post retiral benefits given to her under provisional Pension Payment Order No. 500354 dated 14th July, 1995 and PPO No. 500265 (R) & GPO No. 502634 (R) dated 06th March, 2000. Thus, the petitioner is declared entitled for interest at the rate of 8.5% per annum on the delayed payment of pension and all other post retiral benefits given to her under provisional Pension Payment Order No. 500354 dated 14th July, 1995 and PPO No. 500265 (R) & GPO No. 502634 (R) dated 06th March, 2000. The payment of such interest is required to be made to the petitioner on or before 17th August, 2009.With the directions above, the petition for writ is disposed off.Writ Petition Disposed of With Direction to Clear All Payments By 17.8.2009. *******