ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. The limited question involved is the entitlement of the respondent to interest. We find that during the pendency of proceedings where the respondents husband was suspended, the employee concerned died on 1-4-1999. A writ petition was filed for getting the retiral benefits and for deemed reinstatement of the husband of the respondent and for compassionate appointment. On 28-3-2000, the appellant passed an order f that there shall be deemed reinstatement of the deceased employee without back wages. On 11-9-2001, a direction was given for release of the dues from 10-11-1998 to 31-3-1999 and for treating the period of suspension as a part of duty for the purpose of working out pensionary benefits. On 11-9-2003, the dues were paid. The High Court was of the view that in view of the aforesaid position, the respondent was entitled to interest.

4. It is submitted by learned counsel for the appellant State that in the meantime, before release of the retiral benefits, the respondent had been appointed on compassionate grounds and, therefore, there should not be any entitlement to interest. We are not inclined to agree with this submission. If any compassionate appointment has been made that cannot deprive the respondent from getting the retiral benefits payable statutorily. Since there has been unexplained delay in granting the retiral benefits, interest is to be paid @ 9% from 11-9-2001. We direct accordingly. A further direction of the High Court has been given to fix up responsibility and for recovering the interest from the official concerned. In the peculiar circumstances of the case, the said direction shall not be given effect to.

5. The appeal is, accordingly, disposed of.