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ARUN BHANSALI
Surendra Dasani – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This writ petition has been filed by the petitioner seeking direction to the respondents to pay interest on delayed payment of retirement benefits from 01.12.2017 to 28.04.2021 @ 9% per annum.
2. It is inter alia indicated in the writ petition that the petitioner was due to retire on 30.11.2017, a charge-sheet under Rule 16 of the Rules of 1958 dated 01.11.2017 was served on the petitioner, based on which, he was not paid the retiral benefits and was paid provisional pension only.
3. After conclusion of the inquiry, the inquiry officer gave report dated 30.7.2017 (Annex.3) exonerating the petitioner from all the charges. The inquiry report came to be accepted by the State by its order dated 12.3.2020 (Annex.4). Whereafter, a certificate pertaining to no-dues and non-pendency of any proceeding against the petitioner was issued to the petitioner on 12.6.2020 and ultimately the retiral benefits with issuance of PPO, gratuity and commutation etc. were given on 20.3.2021.
4. It is submitted by learned counsel for the petitioner with reference to provisions of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 C the Rules of 1996') that if the payment of retiral benefits
A government servant exonerated from inquiry is entitled to interest on delayed retiral benefits as per the applicable rules.
A petitioner is not entitled to interest on delayed retiral dues when the delay is caused by the petitioner's own failure to complete necessary formalities.
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
The court established that retirees are entitled to interest on delayed pension payments when the delay is not attributable to their actions, reinforcing the principle that pension is a right earned ....
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