The High Court directed respondents to pay interest at 9% per annum on delayed retiral dues of a school teacher withheld after his departmental inquiry concluded, under Rule 89 of Rajasthan Pension Rules.
Respondents directed to grant interest @ 9% per annum on delayed retiral dues from 08.05.2010 to 14.03.2012 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11511/2011
Dr. Gangadhar Mittal son of Shri Ram Lalji, age about 61 years, resident of Village Salpura-Kawai, Tehsil Atru, District Baran.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Amit Jindal For Respondent(s) :
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
22/09/2023
Instant petition has been filed by the petitioner with the
following prayer:
“(i) to issue the petitioner his monthly pension, arrears of commuted pension, gratuity, arrears of monthly pension from 01.04.2010 to till date; (ii) to grant the petitioner interest @ 9% per annum on the aforesaid amount as per the provisions of Rule 89 of the Rajasthan Pension Rules; and (iii) to pass any other writ, direction or relief which this Hon’ble Court deems fit and proper in the facts and circumstances of the case in favour of the petitioner.”
(2 of 3) [CW-11511/2011]
Learned counsel for the petitioner submits that the petitioner stood retired on 31.03.2010 after attaining the age of superannuation. Counsel submits that at the time of retirement of the petitioner a departmental inquiry was pending against him under the Rajasthan Civil Service (Classification, Control and Appeal) Rules 1958 (for short ‘the Rules of 1958’) and the same was concluded on 08.05.2010 and he was punished with order of censure. Counsel submits that a minor punishment was imposed upon the petitioner even then the retiral dues were paid to the petitioner on 14.03.2012. Counsel submits that the petitioner is entitled to get interest @9% per annum w.e.f. the date when the departmental proceedings were completed against the petitioner.
None has put appearance on behalf of the respondents to oppose the prayer made by the counsel for the petitioner.
Heard and considered the submissions made at the Bar and perused the material available on the record.
This fact is not in dispute that the petitioner stood retired on 31.03.2010 after attaining the age of superannuation. This fact is also not in dispute that at the time of his retirement a departmental inquiry under the Rules of 1958 was pending against the petitioner and the same was finalized on 08.05.2010 and he was punished with penalty of censure. Inspite of conclusion of the departmental inquiry in the month of May, 2010, the respondents have withheld the retiral dues of the petitioner for further two years without any justified reason, hence under these circumstances the petitioner is entitled to get interest @9% per annum w.e.f. the date when the departmental inquiry was concluded.
(3 of 3) [CW-11511/2011]
Accordingly, the writ petition stands disposed of with directions to the respondents to grant interest @9% per annum on the delayed payment of retiral dues w.e.f. 08.05.2010 till 14.03.2012 under Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996.
It goes without saying that needful would be done by the respondents within a period of three months from the date of receipt of certified copy of this order.
Pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J
KuD/179
2 issues framed by the court
Whether interest @ 9% per annum is payable on delayed payment of retiral dues when departmental inquiry is concluded but dues are withheld.
Whether the petitioner is entitled to interest on arrears of commuted pension, gratuity, and monthly pension withheld after completion of departmental inquiry.
2 provisions across 2 enactments
Dr. Gangadhar Mittal
State of Rajasthan
Principal Secretary, Department of Personnel
Joint Director, Medical and Health Services
Director, Pension Department
Chief Medical and Health Officer, Baran
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
