Back
2016 Supreme(Raj) 10
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JAISHREE THAKUR, J.
Dr. Moola Ram Choudhary – Petitioner
vs.
The State of Rajasthan & ors. – Respondent
S.B. Civil Writ Petition No.12239/2013
Decided on : 05.01.2016
Mr. Jagdish Vyas, Advocate, for the petitioner.
Mr. N.S. Rajpurohit and Ms. Kusum Rao, Advocates, for respondents.
Headnote:
Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 - Rule 16 - Seeking a direction for release of interest - Value of pension petitioner has filed the present writ petition seeking a direction for release of interest on late payment of retiral benefits along with correction value of commutation of pension and to release the value of pension - petitioner joined service of the State of Rajasthan and was thereafter promoted in the Rajasthan Administrative Service. On completion of service, the petitioner working in Senior School of Rajasthan Administrative Service and sought voluntary retirement - Charge-sheet was served under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. In response to the charge-sheet, the petitioner submitted a written statement denying all the charges levelled against him - On account of certain family circumstances, the petitioner served notice - petitioner was ordered to be retired with effect keeping the enquiry pending. The petitioner on retirement was entitled to all retiral benefits including pension, retiral gratuity and encashment of un-utilized privilege leave, but on account of the pendency of the disciplinary proceedings - proceedings were continuing against the petitioner, the petitioner approached this Court by way of filing S.B. Civil Writ Petition praying for dropping of the proceedings initiated against him. This Court vide judgment dated 6.11.2012 allowed the writ petition by quashing the proceedings – Held, Therefore in my opinion, after exoneration, the commutation was to be allowed to the petitioner for which he was entitled on the date of his superannuation because any employee becomes entitled to pensionary benefits on the date of retirement. Therefore, I deem it just and proper to direct the respondents to grant the benefits of commutation of pension amount to the petitioner for which he was entitled on the date of his superannuation in accordance with the Rules of 1996 and at the time of granting said benefits, the table prescribed under the Rules of 1996 and date of superannuation shall be taken into account and after recalculating amount of commutation, arrears shall be paid to the petitioner if any amount is paid to the petitioner, the same may be adjusted from the arrears - commutation of pension is concerned, a Division Bench of this court Civil Writ Petition decided held ”As regards the submission in respect of interest over delay in commutation of pension is concerned, we find no substance for the reason that commutation is a facility provided to the employee and to get the pension commuted he was paid provisional pension equal to the maximum pension and that may not make him entitled for interest on commutation of pension as prayed for.” Relying on the said judgment there is no requirement to award interest on delayed payment in commutation of pension is concerned - writ petition succeeds and is hereby allowed
1. The petitioner has filed the present writ petition seeking a direction for release of interest on late payment of retiral benefits along with correction value of commutation of pension and to release the value of pension by considering the age of the petitioner on the date of retirement, i.e. 5.7.2010.
2. The petitioner joined service of the State of Rajasthan on 13.11.1978 and was thereafter promoted in the Rajasthan Administrative Service. On completion of service, the petitioner working in Senior School of Rajasthan Administrative Service and sought voluntary retirement on 5.10.2010. On 17.6.2009, a charge-sheet was served under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. In response to the charge-sheet, the petitioner submitted a written statement denying all the charges levelled against him. On account of certain family circumstances, the petitioner served notice dated 3.3.2010 for voluntary retirement under Rule 50 of the Rajasthan Civil Services Pension Rules, 1996. The same was accepted vide order dated 30.6.2010 and the petitioner was ordered to be retired with effect from 5.7.2010 keeping the enquiry pending. The petitioner on retirement was entitled to all retiral benefits including pension, retiral gratuity and encashment of un-utilized privilege leave, but on account of the pendency of the disciplinary proceedings, the retiral benefits were with held by the respondents. Several requests were made for release of pension and, ultimately, provisional pension was allowed by PPO No. 773676 (R) dated 19.7.2011 and the same was made to the petitioner on 11.8.2011. As the disciplinary proceedings were continuing against the petitioner, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 6900/2012 praying for dropping of the proceedings initiated against him. This Court vide judgment dated 6.11.2012 allowed the writ petition by quashing the proceedings and further gave a direction to the respondents to settle all post retiral benefits of the petitioner expeditiously as far as possible on or before 31.1.2013. After the aforesaid judgment was passed by this Court, the petitioner again submitted three sets of pension papers and requested the respondents to settle all post retiral benefits together with interest on delayed payment of retiral benefits in terms of Rule 89 of the Pension Rules.
3. Since the retiral benefits were not allowed to the petitioner, he again submitted representation dated 5.3.2013 and thereafter issued a legal notice on 11.4.2013 and, ultimately, the respondents sanctioned retiral benefits in favour of the petitioner in the first week of June, 2013 without affording any interest on the delayed payment of retiral benefits. Gratuity payment order was also issued on 5.6.2013 whereby gratuity of Rs. 7,92,396/-was sanctioned in favour of the petitioner. The petitioner has submitted an application for commutation of pension in the prescribed form and the commutation of pension was sanctioned on 7.6.2013 and pursuant thereto, a sum of Rs. 5,48,931/-was paid to the petitioner in June,2013. The commutation was allowed to the petitioner considering the age of the petitioner as on the date of sanction. The petitioner was also entitled for leave encashment for unavailed privilege leave and the same has not been paid to him. Aggrieved against the non-release of retiral benefits, wrong calculation of value of commutation, denial of interest of delayed payment etc., the present writ petition has been filed.
4. Notice was issued of the said writ petition and the reply has been filed on behalf of the respondents no.1,3 and 4, wherein it is denied that the petitioner is entitled to any interest on delayed payment on account of the fact that there were disciplinary proceedings pending against him. On behalf of respondents no.3 and 4 reply has been filed that there is no delay caused on the part of the respondent in grant of pension and
