GOPINATHAN, J.

1. By the impugned order dated 19.2.2009 in O.A. No.196/2008 the Central Administrative Tribunal, Ernakulam Bench, directed the petitioners to pay gratuity and pension to the first respondent with interest at the rate of 9% per annum from the date of superannuation i.e. 31.7.2004 till date of payment. The petitioners now did not dispute the liability to pay gratuity and pension. Only the liability to pay interest is disputed with a pleading that Pension Rules does not permit payment of interest on belated pension and gratuity. True, there is no Rule. Reason is obvious. Rule makers did'nt anticipate any such delay in payment of pension and gratuity. In other way no rule permit delayed payment of pension or gratuity. It is not in dispute that pension or gratuity is not a grace by the employer, but a right of the retiring employee. Every person retiring from service has the right to get his pension and gratuity determined and must be payable by the retirement. Delaying pension and gratuity is against the purview of the Rules. It is the duty of the appointing and controlling authorities to see that the pension and gratuity of every retiring personnel is sanct