JUDGMENT 1. - Instant writ petition has been filed by petitioner, who has voluntarily retired from service on 31/08/1994 but a sum of Rs. 28,300.04p was withheld/recovered from his retiral dues, which was later on ordered to be paid to him vide order dated 21/10/2009 (Ann.5). 2. Only submission made by the petitioner is that the petitioner is entitled for interest, since the delay having been caused in making part payment of retiral dues vide order dated 21/10/2009 is not attributable to the petitioner and in absence whereof, he is entitled for 9% interest as admissible U/r 89 of Rajasthan Civil Services (Pension) Rules, 1996. 3. This case is having a chequered history but to make long story in short is that the petitioner was retired from service on 31/08/1994 and a sum of Rs. 28,300.04p., was withheld/recovered from his retiral benefits vide order dated 25/08/2009 which was assailed in appeal. The appeal was allowed vide order dated 13/08/2009 and the matter was remanded to the disciplinary authority to decide afresh after affording opportunity of hearing to the delinquent. Ultimately, the authority vide order dated 21/10/2009, while quashing the penalty inflicted vide order dated 24/03/2009, directed to refund the amount of Rs. 28,300.04p, which was withheld by the authority. 4. Counsel for respondents submits that a sum of Rs. 28,300.04p. was withheld/recovered on account of inquiry pending against him and the disciplinary authority after holding him guilty directed to withhold a sum of Rs. 28,300.04p., vide order dated 21/10/2009, which was paid to him after being exonerated; as such the delay cannot be attributable to the respondents - in absence whereof, he is not entitled for interest as being claimed. 5. Whatever may be the reasons behind withholding of payment impugned & assigned by the respondent but question arises as to who is responsible for the delay in making the payment impugned at least cannot be attributed to the petitioner. But, ultimate fact remains that a sum of Rs. 28,300.04p was withheld by the respondents and finally it was paid and actually paid to him pursuant to order dated 21.10.2009 in absence of the delay in any manner being attributable to the petitioned, certainly he will be entitled for interest in terms of R. 89 of Rules 1996. 6. Consequently, writ petition succeeds and is hereby allowed. 28,300.04p was withheld by the respondents and finally it was paid and actually paid to him pursuant to order dated 21.10.2009 in absence of the delay in any manner being attributable to the petitioned, certainly he will be entitled for interest in terms of R. 89 of Rules 1996. 6. Consequently, writ petition succeeds and is hereby allowed. The respondents are directed to make payment of interest @ 9% in terms of R.89 of Rules, 1996 over delayed payment over a sum of Rs. 28,300.04p., having been withheld from the date of retirement of the petitioner (31/08/1994) till actual payment. The respondents shall also ensure compliance of this order within three months. No costs.Writ Petition Allowed. *******