Pension is a right, not a privilege, and must be paid promptly as per statutory rules, with interest for delays.

ORDER

1. Instant petition has been filed by the petitioner with the following prayer:-

'It is, therefore, humbly prayed that this writ petition may kindly be allowed and the Hon'ble court may be pleased to call for the entire record of the case and:-

(i) by issuance of a writ of mandamus or any other appropriate writ order or direction the respondents be directed to release the entire pensionary benefits of the petitioner alongwith interest @ 12% per annum.

(ii) by issuance of a writ of certiorari or any other appropriate writ order or direction the order dated 11.9.2007 issued by the Commissioner Nagar Nigam mentioning that the pension cannot be released till the disposal of the audit objection, be set aside.

(iii) by issuance of an appropriate writ or direction the order dated 11.9.2007 issued by the Commissioner, Nagar Nigam charging excess rent from the petitioner, be set aside.

(iv) any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of case, may also kindly be passed in favour of the Petitioner.

(v) Cost of the writ petition may kindly be awarded in favour of the petitioner.'

2. Learned counsel for the petitioner submits that petitioner got voluntary retirement from the post of Revenue Inspector by order dated 26.09.2006. Counsel submits that in spite of passing of a considerable time, till date retiral dues have not been released to the petitioner. Counsel submits that an objection was taken by the Audit Inspection Team in the year 2003 that irregular pay scale was given to the petitioner. Counsel submits that even the respondents submitted reply to the said objection on 05.03.2004 stating therein that no irregular pay scale was paid to the petitioner and a request was made to delete the said audit para. Counsel submits that in spite of above, till date the retiral dues have not been released to the petitioner. Hence, under these circumstances, interference of this Court is warranted.

3. Per contra, learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that because of the aforesaid audit objection, the retiral dues were not paid to the petitioner. Counsel submitted that petitioner over stayed in the residential premises and he has not paid due rent for which a notice was given to him in the year 2007 but in spite of above, he has failed to deposit the due rent and arrears and this was also one of the reasons that the retiral dues has not been paid to the petitioner. Counsel submits that under these circumstances, interference of this Court is not warranted.

4. Heard and considered the submissions made at Bar and perused the material available on record.

5. Admittedly, the petitioner was given compassionate appointment and after completing the qualifying services, he submitted an application seeking voluntary retirement and the application filed by the petitioner was allowed and he was granted voluntary retirement vide order dated 26.09.2006.

6. Perusal of the record indicates that prior to retirement of the petitioner an audit was conducted in the office of the respondents wherein certain objections were taken by the audit team that irregular pay scale was given to the petitioner. The record further indicates that reply to the said objection was given by the respondents justifying their action for payment of the aforesaid pay scale and vide letter dated 05.03.2004 a request was made to the audit Officer to delete the said audit objection. Perusal of the record further indicates that respondents vide letter dated 11.09.2007 directed the petitioner to deposit the due rent of Rs. 24,795/-. It appears that petitioner has not deposited the said amount and the respondents have withheld the entire retiral dues of the petitioner. So far as, the objection taken by the audit regarding irregularity in payment of pay scale to the petitioner is concerned the respondents are of the view that the said objection raised