JUDGMENT : Arun Monga, J. 1. Petition was filed in the year 2020 and claim of the petitioner was to seek directions to the respondents to grant him interest @ 18% per annum from the date of his entitlement on the delayed payment of pension/retiral benefits, gratuity as well as other benefits due after superannuation. 2. Relevant facts of the case are that the petitioner while holding the post of Panchayat Extension Officer, Panchayat Samiti, Chittorgarh was served with a charge-sheet dated 05.01.2018. 2.1 While the enquiry pursuant to the charge-sheet was still pending, petitioner superannuated from the service on 31.12.2018. After superannuation he submitted necessary documents on 12.09.2018 in the office of Vikas Adhikari, Panchayat Samiti, Chittorgarh with a request to sanction provisional pension in his favour. Vide an enquiry report dated 03.06.2019 petitioner was exonerated from all the charges levelled against him in the charge-sheet dated 05.01.2018. A no objection certificate dated 20.09.2019 in favour of the petitioner was issued thereafter. 2.2 The Pension & Pensioners Welfare Department, Rajasthan on receipt of necessary documents from the office of Panchayat Samiti, Chittorgarh released pension, gratuity and commuted value of pension in favor of the petitioner on 07.11.2019. The delay in release of pension by no stretch of imagination cannot be attributed to the petitioner, pleads the petitioner Hence, this petition. 3. The defence taken in reply to the petition inter-alia is that the Additional Director, Pension & Pensioners Welfare Department, Regional Office, Udaipur vide their letter dated 22.07.2019 asked for a few documents including form 5(k) that was to be submitted by the petitioner. The respondent Department vide letter dated 16.10.2019 addressed to the respondent No.2 intimated that no departmental enquiry was pending against the petitioner. Accordingly, vide letter dated 23.10.2019 request was sent to the Additional Director, Pension & Pensioners Welfare Department, Regional Office, Udaipur to release the pension and other retiral benefits of the petitioner. Thus, it becomes evident that there has been no delay on part of the department in processing the retiral benefits of the petitioner. Hence, the petition is liable to be dismissed. 4. In the aforesaid backdrop, I have heard the rival contentions and gone through the case file. 5. The only controversy that survives adjudication before this Court at this stage is the petitioner’s claim of interest for the delayed remittance of his pensionary dues as well as regular monthly pension. Hence, the petition is liable to be dismissed. 4. In the aforesaid backdrop, I have heard the rival contentions and gone through the case file. 5. The only controversy that survives adjudication before this Court at this stage is the petitioner’s claim of interest for the delayed remittance of his pensionary dues as well as regular monthly pension. From narrative of the facts which are not disputed, it emerges that indeed there was a certain delay on the part of the department due to the objections raised by the department of pension. Owing to which there was exchange of certain back and forth correspondence and eventually after satisfying the objections of the Pension Department, the necessary remittance of retiral benefits was made to the petitioner. 6. It is in contemplation of such situations that specific provisions have been made in the service rules that the pensionary / retiral dues of a retiring employee ought to be processed well in advance prior to the retirement so that he does not face any financial harshness post his retirement. 7. Trite law it is that pension is neither a bounty nor a charity nor a distribution of any largesse on the part of the State and it is hard earned benefit of an employee after rendering decades of service post superannuation. 8. In the context of starting the process of remittance of pension well in advance prior to retirement, reference may be had to Rule 80 and Rule 81 of Pension Rules, 1996 which is extracted hereinbelow: - “80. Preparation of Pension papers. Every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement whichever is earlier. 81. Stages for the completion of pension papers. (1) The Head of Office shall divide the period of preparatory work of two years referred to in Rule 80 in the following three stages- a) First Stage:-1. Verification of service: (i) The Head of Office shall go all go through the service book of the Government servant and satisfy himself as to whether the certificates of verification for the entire service are recorded therein. Verification of service: (i) The Head of Office shall go all go through the service book of the Government servant and satisfy himself as to whether the certificates of verification for the entire service are recorded therein. (ii) In respect of the unverified portion or portions of service, he shall arrange to verify the portion or portions of such service, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record necessary certificates in the service book. (iii) If the service for any period is not capable of being verified in the manner specified in sub-clause (i) and sub-clause (ii), that period of service having been rendered by the Government servant in another office or Department, a reference shall be made to the Head of Office in which the Government servant is shown to have served during that period for the purpose of verification. (iv) In respect of that unverified portion of service for which entries regulating the rate of pay, grant of annual increment, pay fixation, details of periods of leave etc. are available, he shall verify the same on the basis of the above details and record the same in the Service Book. (v) In respect of work charged employees appointed to regular posts, he shall check that the option for pension given by him and accepted by the competent authority has been pasted in the Service Book and that the entries exist in the service books for deposit of employer's share Contributory Provident Fund into the Government Account (vi) If any portion of service rendered by a Government servant is not capable of being verified in the manner specified in sub-clause (I) or sub-clause (ii) or sub-clause (iii), or sub-clause (iv), the Government servant shall be asked to file a written statement in Form 9 on plain paper stating that he had in fact rendered that period of service, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement, and shall in support of such declaration produce all documentary evidence and furnish all information which is in his power to produce or furnish. (vii) The Head of Office shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by that Government servant in support of the said period of service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant, and issue order in Form 9A and make an entry in the service book of the Government servant. Note: In case of loss of service book, attention is invited to Rule 160 of Rajasthan Service Rules and action be taken accordingly. II. Assessment of long term dues: (viii) In respect of Government servants, who have taken long term advances like House Building Advance, Conveyance Advance etc., he shall correspond with the concerned Treasury Officer as indicated in the procedure below Rule 94. He will also refer to the entries of long term advances made in the service book of the Government servants for assessing the final dues. He will also ask the Government servant to declare the details of long term advances taken by him. III. Finalisation of pending fixation cases: (ix) If fixation of pay in various Pay Scale Rules is outstanding, the Head of Office will get them expeditiously finalised. (b) Second Stage:- Making good omission in the service book and completion of other formalities. (i) The Head of Office while scrutinizing the certificates of verification of service, shall also identify if there are any other omissions, imperfections or deficiencies which have a direct bearing on the determination of emoluments and the service qualifying for pension. (ii) Every effort shall be made to complete the verification of service, as in clause (a) and to make good omissions, imperfections or deficiencies referred to in sub-clause (i) of this clause. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the service book, which it has not been possible to verify in accordance with the procedure laid down in clause (a) shall be ignored and service qualifying for pension shall be determined on the basis of the entries in the service book. (iii) Determination of emoluments For the purpose of calculation of emoluments, the Head of Office shall verify from the service book the correctness of the emoluments drawn or to be drawn by the Government servant immediately before his retirement. (iii) Determination of emoluments For the purpose of calculation of emoluments, the Head of Office shall verify from the service book the correctness of the emoluments drawn or to be drawn by the Government servant immediately before his retirement. (iv) In case of officiating appointment, the Head of Office will record a certificate in the Service Book that the appointment to the higher post has not been made in the leave vacancy or to hold charge temporarily in addition to the duties of his own post, as provided in Rule 45 (Note 3) of R.C.S (Pension) Rules, 1996. (v) The Head of Office will obtain a certificate in the Service Book from the senior accounts personnel in the office that all the fixations of the Government servant made from time to time are correct and that the last pay on which pension case is to be prepared has been arrived at correctly. (vi) To ensure that any alteration in the date of birth recorded in the Service Book bears the approval of the competent authority; and to ensure that the date of birth has not been changed/altered in the Service Book after 31.12.1978; (vii) If the Government servant was on foreign service or deputation, whether pension contribution has been received from the borrowing authority and entry to this effect has been made in the Service Book or other records. The Head of Office shall identify omissions etc. and rectify the same after reference to relevant records or offices. Provisions contained in Government of Rajasthan's Decision below Rule 88 of RCS (Pension) Rules, 1996, shall also be taken into consideration for this purpose. (c) Third Stage:-Obtaining Form 5 by the Head of Office - Eight months prior to the date of retirement of the Government servant, the Head of Office shall obtain Form 5 from the Government servant. (2) Action under clauses (a), (b) and (c) of sub-rule (1) shall be completed eight months prior to the date of retirement of the Government servant.” 9. It is in the light of aforesaid mandatory provisions that a deterrent has also been provided that in the event of the file not being processed as per the Rule 80 ibid, a retiring employee shall be entitled to interest on the delayed payment in case he has not been attributed any fault qua the delay. 10. It is in the light of aforesaid mandatory provisions that a deterrent has also been provided that in the event of the file not being processed as per the Rule 80 ibid, a retiring employee shall be entitled to interest on the delayed payment in case he has not been attributed any fault qua the delay. 10. In the present case also, concededly, the petitioner was not at fault in any manner either by way of any misrepresentation or concealment so as to hold him liable for any adverse consequences qua delay in the remittance of his financial entitlement. Reference may be had to Rule 89 qua entitlement of the interest which is as below: - “89. Interest on delayed payment of retiral benefits (1) If the payment of retiral benefits has been authorised after 60 days from the date when its payment became due, and it is established that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down in this chapter or elsewhere in these rules, interest @ 9% per annum from the date retiral benefits become due would be payable till the end of the month preceding the month in which the retiral benefits are authorised. (2) Every case of delayed payment of retiral benefits shall, suo moto, be examined by the Head of Office and shall be forwarded to the Administrative Department through the Head of Department, and where the Administrative Department is satisfied that the delay in payment of retiral benefits was caused on account of administrative lapse or inaction, the Administrative Department concerned shall issue sanction for the payment of interest to the Director, Pension Department. (3) In all cases, where the payment of interest has been authorised, the Adninistrative Department concerned shall fix responsibility and take disciplinary action under the Rajasthan Civil Services (CCA) Rules, 1958 against the Government servant(s) who is are found responsible for the delay in the payment of retiral benefits and shall recover the loss caused to the Government due to payment of interest to the pensioner from the Government servant(s) held responsible. (4) In the order for payment of interest, the Administrative Department shall also mention the name(s) of officer(s)/official(s), responsible for delay and the amount of interest recoverable from him/them. (4) In the order for payment of interest, the Administrative Department shall also mention the name(s) of officer(s)/official(s), responsible for delay and the amount of interest recoverable from him/them. (5) If, as a result of Government's decision taken subsequent to the retirement of a Government servant, the amount of retrial benefits already paid on his retirement is enhanced on account of:- (a) grant of emoluments higher than the emoluments on which retiral benefits, already paid, were determined, or (b) Liberalisation in the provisions of these rules from a date prior to the date of retirement of the Government servant concerned. no interest on the arrears on retiral benefits shall be paid (6) In case any delay is caused in the Pension Department, responsibility shall be fixed for such delay and suitable action taken against such erring official(s) to recover the interest paid to the pensioner NOTES (i) The payment of retiral benefits becomes due on the date of retirement and in the case of death while in service, from the date of application for payment of respective retiral benefits. [(ii) In case of a Government servant against whom disciplinary/judicial proceedings are pending on the date of retirement, no retiral benefits be paid except provisional pension, until the conclusion of the proceedings and the issue of the final orders thereon. If, on the conclusion of the disciplinary/judicial proceedings (a) a Government servant is fully exonerated the retiral benefits may be deemed due on the date following the date of retirement and the interest on delayed payment of retirement gratuity may be allowed from the date, the gratuity has fallen due. The rate of interest on delayed payment will be the prevailing rate of interest on General Provident Fund. (b) If a retired Government servant who dies during the pendency of judicial disciplinary proceedings against him and against whom proceedings are consequently dropped, no interest on delayed payment of retiral benefits shall be payable in such a case for the period from the date of retirement to the date of death. (c) In other cases, the retiral benefits if allowed to be drawn by the Competent Authority on the conclusion of the proceedings will be deemed to have fallen due on the date of issue of order by the Competent Authority.” 11. (c) In other cases, the retiral benefits if allowed to be drawn by the Competent Authority on the conclusion of the proceedings will be deemed to have fallen due on the date of issue of order by the Competent Authority.” 11. In the aforesaid premise, the writ petition has to be necessarily allowed commanding the respondents to follow the mandate of payment of interest as per Rule 89 ibid. Ordered accordingly. The necessary calculation qua the interest be made within a period of 3 months and the amount thereof be paid to the petitioner in accordance with law. 12. Pending application(s), if any, shall stand disposed of.