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2025 DIGILAW 1762 (RAJ)

Udai Kumar Sharma, S/o. Shri SK. Sharma v. The State of Rajasthan, through the Secretary

2025-11-11

FARJAND ALI

body2025
Order : FARJAND ALI, J. 1. The petitioner, who has retired from the post of Associate Professor in Mathematics and Statistics from the Jai Narain Vyas University, Jodhpur, has preferred the instant writ petition seeking a direction for the respondents to grant him interest on the delayed payment of retiral benefits, i.e. arrears of commutation, leave encashment and gratuity, at the rate of 6% per annum from the date of retirement till the date of payment, which comes to Rs.3.63 lacs. 2. Briefly stated, facts of the case are that the petitioner is retired Associate Professors in Mathematics & Statistics of Jai Narain Vyas University, Jodhpur. He retired from service on attaining the age of superannuation w.e.f. 31st July, 2008. 3. The State of Rajasthan introduced 6 th Pay Commission and accordingly the Governor of Rajasthan revised the existing scales of pay of the Vice-Chancellor, Professors, Readers/Associate Professors and Assistant Professors / Librarians etc and this was done w.e.f. 01.01.2006. In this regard, order was passed by the Education Department of Government of Rajasthan on 27.10.2009, which was communicated to the Vice-Chancellor of the respondent University. 4. Prior to retirement of the petitioner, the benefit of 6 th Pay Commission was ordered to be granted to him but no payment of arrears were released to him. His fixation. was also made under the 6 th Pay Commission w.e.f. 1st January, 2006 in the pay scale of Rs. 37400-67000, but he was not paid the arrears. After his retirement, he was also not issued the revised Pension Payment Order as well as gratuity. The benefits of Leave Encashment, commutation of pay were also not paid in accordance with the Revised Pay Scale under the 6 th Pay Commission. 5. Learned counsel for the petitioner submits that the controversy has already been set at rest by the Division Bench of this court in the case in DB Civil Writ Petition No. 1914/2010 titled as Retired Agriculture Lecturers Employees of Agriculture University V/s State of Rajasthan & Ors, decided on 24.9.2010 , whereby it has been directed that the arrears of 6 th Pay Commission and consequential benefits should be paid to all the retired employees along with the interest @ 6% per annum. Subsequently, it has further been reiterated in the case of B.M. Chitlangi V/s State of Rajasthan & Ors, In SB Civil Writ Petition No. 11927/2010 decided on 19.4.2011 wherein same benefit has been ordered to all the incumbents of Jai Narain Vyas University, Jodhpur and the retired employees and for that purpose, the University as well as the State of Rajasthan were directed to release the funds for the purpose of making payment of all the arrears to the petitioners arising out of fixation under the implemention of recommendations of the of the 6 th Pay Commission within a period of one month from the date of receipt of certified copy of the order passed in the case of Retired Agriculture Lecturers Employees of Agriculture University (supra). 6. Pursuant to these orders, the petitioner was granted certain benefits but the payments were granted to him after a delay of certain period of time. So far as the gratuity is concerned, he was to be paid 10 lacs of Gratuity as on 01.08.2008 but the entire payment of Gratuity was released only on 20.10.2011. Some payment was released in the year 2009, but the entire payment was released on 20.10.2011. Therefore, the interest has to accrue on the payment of gratuity to the extent of approximately 1.52 lacs. Similarly commutation of pension has been paid after a delay of almost two years. Leave encashment and arrears of 6th Pay Commission have also been delayed. Therefore, some total of Rs. 3.63 lacs is accrued to the petitioner as interest in accordance with the subsequent judgment of Division Bench and the learned Single Judge, following the Division Bench Judgment. In order to clarify the entire position, the petitioner has produced SCHEDULE-A along with the writ petition. 7. Learned counsel submits that although the payment of retiral benefits have been given to the petition, but the interest on delayed payment has yet not been paid, therefore, the action of the respondents in not making payment to interest on account of revision of pay scales, is highly arbitrary and unreasonable. Hence, it is prayed that appropriate directions may be issued to the respondents to release the interest amount accrued to the petitioner. 8. Per contra, learned counsel for the respondents has opposed the prayer made in the writ petition. Hence, it is prayed that appropriate directions may be issued to the respondents to release the interest amount accrued to the petitioner. 8. Per contra, learned counsel for the respondents has opposed the prayer made in the writ petition. He submits that the petitioner has retired on 31.07.2008, however, the writ petition has been filed only in the year 2015, i.e. after a long unexplained delay of seven years. Hence, it is submitted that the writ petition is liable to be dismissed on the ground of delays and laches itself. He further submits that the petitioner is being regularly given pension since 01.08.2008. Since there was recovery of amount of Rs. 27,397 /- pending against the petitioner which was realized on 05.11.2009 after which commutation and gratuity was released and hence no interest is due against the petitioner. He further submits that the gratuity of Rs 6,50,000 /- was paid to the petitioner on 20.10.2011. However, the old gratuity amount of Rs. 3,50,000/- has been aid to him on 05.11.2009 itself. This fact has been communicated to the petitioner vide letter dated 01.08.2015 in reply of Notice for Demand of Justice. With aforesaid submissions, learned counsel for the respondents has prayed for dismissal of the writ petition. 9. Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents and perused the material available on record. 10. The facts of the case are largely undisputed. The petitioner retired from the post of Associate Professor (Mathematics & Statistics) from Jai Narain Vyas University, Jodhpur, on 31.07.2008. It is admitted that the benefit of the 6th Pay Commission was extended to the teaching staff of the Universities in the State of Rajasthan vide order dated 27.10.2009, with effect from 01.01.2006. It is also not in dispute that the fixation of the petitioner was made under the revised pay scale, and the consequential arrears and retiral benefits such as gratuity, commutation and leave encashment were released to him much after his retirement. 11. The record shows that the payment of gratuity was made partly on 05.11.2009 and the balance amount was released on 20.10.2011. Likewise, the amount of commutation and leave encashment were also released after considerable delay. The respondents have not placed any material to show that such delay occurred for reasons attributable to the petitioner. 11. The record shows that the payment of gratuity was made partly on 05.11.2009 and the balance amount was released on 20.10.2011. Likewise, the amount of commutation and leave encashment were also released after considerable delay. The respondents have not placed any material to show that such delay occurred for reasons attributable to the petitioner. The only explanation furnished is that there was a recovery of Rs.27,397/- pending against the petitioner, which was realized on 05.11.2009. However, even thereafter, the release of the remaining gratuity amount was delayed by almost two years, for which no justifiable cause has been shown. 12. It is settled law that retiral dues constitute the hard-earned benefit of an employee and must be paid promptly on the date of superannuation. Delay in payment of such benefits, without any fault of the employee, entitles him to claim interest on the delayed portion. The Hon’ble Supreme Court in D.D. Tiwari v. Uttar Haryana Bijli Vitran Nigam Ltd. , (2014) 8 SCC 279 , has categorically held that payment of retiral benefits after inordinate delay amounts to denial of the right to live with dignity and the employee is entitled to interest on such delayed payment. 13. Further, this Court, in the case of Retired Agriculture Lecturers Employees of Agriculture University (supra), has already directed that arrears and consequential benefits under the 6th Pay Commission be paid to the retired employees along with interest @6% per annum. The same view was followed in the case of B.M. Chitlangi (supra), wherein identical directions were issued in respect of retired employees of Jai Narain Vyas University, Jodhpur. 14. In view of the aforesaid judgments, the controversy raised herein is no longer res integra. The petitioner stands on the same footing as the employees in the above-cited cases and is therefore entitled to the same treatment. The plea of delay and laches taken by the respondents is without substance, since the cause of action for non-payment of interest on retiral dues is a continuing one. The petitioner cannot be deprived of his lawful entitlement merely because he approached this Court at a later point of time, especially when the delay in payment of benefits is admitted and attributable entirely to the respondents. 15. The petitioner cannot be deprived of his lawful entitlement merely because he approached this Court at a later point of time, especially when the delay in payment of benefits is admitted and attributable entirely to the respondents. 15. Accordingly, this Court finds that the respondents were duty-bound to release the retiral benefits of the petitioner along with interest from the date such amounts became due till the date of actual payment. Non-payment of interest on delayed retiral dues is arbitrary and violative of Articles 14 and 21 of the Constitution of India. 16. In light of the above discussion, the writ petition deserves to be and is hereby allowed. The respondents are directed to calculate and pay to the petitioner interest at the rate of 6% per annum on the delayed payment of Gratuity, Commutation of pension and Leave encashment, from the date of his retirement, i.e., 31.07.2008, till the respective dates of actual payment. 17. The calculation of interest shall be made strictly in accordance with SCHEDULE-A annexed to the writ petition, subject to verification by the respondents. 18. The aforesaid exercise shall be completed and the due amount of interest shall be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order. 19. In case of failure to make such payment within the stipulated period, the amount shall carry further interest at 9% per annum from the date of default till the actual payment. 20. No order as to costs.