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ANOOP KUMAR DHAND
Jitendra Kumar Jain – Appellant
Versus
State of Rajasthan Through Secretary To Govt. Department of Local Bodies – Respondent
ORDER
1. Instant petition has been filed by the petitioner with the following prayer:-
(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 sub
Pension is a right, not a privilege, and must be paid promptly as per statutory rules, with interest for delays.
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.
Retiral dues must be released promptly after disciplinary proceedings; unjustified delays warrant interest on delayed payments.
Government employees are entitled to interest on delayed payment of pension and gratuity, and the rate of interest is determined based on the date the amount has fallen due, as per relevant legal pro....
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
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