The High Court granted 9% per annum interest on delayed pension and gratuity payments. The petitioner, acquitted in 2015, waited until Oct-Nov 2016 for dues distribution after the post-acquittal release direction in Jan 2016.
The petitioner is entitled to 9% per annum interest on the delayed payment of retiral dues from 14.01.2016.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6503/2016
Mahendra Prasad Sharma S/o Shri Malkhan Singh, aged 61 years (Senior Citizen), R/o Village Milswan, Tehsil Roopwas, Distt. Bharatpur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Ruchika Sharma for Mr. RB Sharma For Respondent(s) : Ms. Manju Joshi, AGC with Mr. Shri Ram Jakhar Mr. Dheeraj Tripathi, AGC
JUSTICE ANOOP KUMAR DHAND
Order
05/02/2025
[CW-6503/2016]
(2 of 3)
vide judgment dated 07.05.2015. Counsel submits that after acquittal, a representation was submitted by the petitioner in the office of the District Collector, Bharatpur, who vide order dated 14.01.2016, took a decision to not to file any appeal against the judgment of acquittal of the petitioner and asked the authorities to release the retiral dues of the petitioner. Counsel submits that inspite of passing of considerable time, without any justified reason, the retiral dues of the petitioner were withheld and the same were not release till October and November, 2016, hence, under these circumstances, the petitioner is entitled to get interest @9% per annum in terms of the Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short 'the Rules of 1996').
[CW-6503/2016]
(3 of 3)
acquitted from all the charges by the Special Judge vide order dated 07.05.2015. This fact is also not in dispute that the District Collector took a decision to not to file any appeal against the judgment of acquittal of the petitioner and accordingly, a direction was issued by the said Collector to the concerned authorities to release the retiral dues of the petitioner vide order dated 14.01.2016. This fact is not in dispute that that in-spite of passing of more than ten months, the payment of leave encashment made to the petitioner in the month of October and payment of gratuity and pension was made to the petitioner in the month of November. Unnecessarily, around then months delay was caused by the respondents without any justified reason, hence, under these circumstances, the petitioner is entitled to to get interest @9% per annum in terms of the Rule 89 of the Rules of 1996 w.e.f. 14.01.2016.
(ANOOP KUMAR DHAND),J
KuD/56
2 issues framed by the court
Whether the petitioner is entitled to 9% interest on delayed retirement dues for the period between January 14, 2016 and the payment date.
Whether the delay in releasing petitioner's gratuity and pension due to post-acquittal administrative procedure justifies granting interest under Rule 89 of the Rajasthan Civil Services (Pension) Rule
1 provisions across 1 enactments
Mahendra Prasad Sharma
The State of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
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