Retired teachers sought interest on leave encashment paid years after retirement. The State attributed delay to non-availability of funds. The court held the withholding arbitrary and directed payment of 9% interest from retirement until actual payment.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1908/2008
Mohan Singh S/o Shri Lal Chand, Vill. And Post Therawar, Tehsil Kumher, District Bharatpur And Retired As Teacher, Government Primary School, Akholi, Deeg, District Bharatpur.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 1815/2008
Radha Govind Sharma S/o Late Shri Ganga Prasad Sharma, Near Mitha Kua, Dharamshala Ki Gali, Old Bus Stand, Deeg, Bharatpur And Retired As Teacher, Government Primary School, Malipura, Deeg, District Bharatpuar.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 1906/2008
(2 of 5)
[2024:RJ-JP:33603]
[CW-1908/2008]
Yad Ram Verma Shri Bhudhar Ram, Mori Mohalla, Deeg And Retired As Teacher, Government Primary School, Alipur Deeg, District Bharatpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 1907/2008
Chhajju Ram Sharma S/o Shri Bhikkan Ram Sharma, Nangal Kho, Post Khan, Tehsil Deeg, District Bharatpur And Retired As Teacher, Government Primary School, Pahalwara, Deeg, District Bharatpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 1909/2008
Hari Singh S/o Shri Soni Ram, Vill. And Post Saurabali, Tehsil Deeg, District Bharatpur And Retired As Teacher, Government Primary School, Nahrauli, Deeg, District Bharatpuar.
[2024:RJ-JP:33603]
[CW-1908/2008]
(3 of 5)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mukesh Agrawal For Respondent(s) : Mr. Gopal Krishan Sharma, AGC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
06/08/2024
[2024:RJ-JP:33603]
[CW-1908/2008]
(4 of 5)
petitioners are entitled to get interest at the rate of 9% on the amount of Encashment of Leave in terms of Rule 89 of the Rajasthan Pension Rules, 1996 (hereinafter referred to as “Rules of 1996”) therefore, appropriate orders be passed in this regard.
(5 of 5)
[2024:RJ-JP:33603]
[CW-1908/2008]
cannot be allowed to come out with such unjustified reason for delaying the due payment of the retired employees. The action of the respondents of withholding the amount of Leave Encashment for a considerable time is quite arbitrary and wholly unjustified. Hence, under these circumstances, the petitioner is entitled to get interest at the rate of 9% in terms of the Rules of 1996.
(ANOOP KUMAR DHAND),J
GARIMA /118-122
1 issue framed by the court
Whether retired employees whose leave encashment was delayed are entitled to interest at 9% under Rule 89 of the Rajasthan Pension Rules, 1996.
1 provisions across 1 enactments
Mohan Singh
Radha Govind Sharma
Yad Ram Verma
Chhajju Ram Sharma
Hari Singh
State of Rajasthan through Commissioner, Elementary Education Department, Bikaner
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
