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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Mahendra Prasad Sharma – Appellant
Versus
Principal Secretar Andors – Respondent
Order :
1. By way of filing this petition, a prayer has been made for grant of interest on the delayed payment of retiral dues to the petitioner.
2. Counsel for the petitioner submits that the petitioner stood retired on 31.01.2015 and at the relevant time, a criminal case under Section 7 of Prevention of Corruption Act, 1988 (for short 'the Act of 1988') was pending against the petitioner, but he was acquitted from all the charges by the Court of Special Judge, Anti Corruption Cases, Bharatpur vide judgment dated 07.05.2015. Counsel submits that after acquittal, a representation was submitted by the petitioner in the office of the District Collector, Bharatpur, who vide order dated 14.01.2016, took a decision to not to file any appeal against the judgment of acquittal of the petitioner and asked the authorities to release the retiral dues of the petitioner. Counsel submits that inspite of passing of considerable time, without any justified reason, the retiral dues of the petitioner were withheld and the same were not release till October and November, 2016, hence, under these circumstances, the petitioner is entitled to get interest @9% per annum in terms of the Rule 89 of the Rajas
The petitioner is entitled to interest on delayed retiral dues at 9% per annum due to unjustified delay in payment following acquittal in a criminal case.
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.
The mere pendency of an appeal against acquittal does not justify withholding retiral benefits, as established by the court's interpretation of relevant pension rules.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
A government servant exonerated from inquiry is entitled to interest on delayed retiral benefits as per the applicable rules.
Retired employee entitled to interest on delayed gratuity payment post acquittal, emphasizing employer's risk in withholding payment.
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