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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
K K BANERJEE – Appellant
Versus
STATE P H E D ORS – Respondent
Order :
1. By way of filing of this writ petition, a prayer has been made for releasing the gratuity and commutation amount to the petitioner with interest @ 12% per annum.
2. Contents of the writ petition indicate that the petitioner stood retired on 31.07.2008 after attaining the age of superannuation but his retiral dues including gratuity and commutation amount were withheld by the respondents, hence he approached this Court by way of filing of this writ petition.
3. Learned counsel for the respondents submits that at the time of retirement of the petitioner, the departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, ‘the Rules of 1958’) was pending against him and thereafter, he was punished with penalty of stoppage of 10% part of pension for one year. Counsel submits that immediately thereafter, the petitioner was asked upon to submit the requisite form but the petitioner refused to submit the same, hence slight delay has occurred in releasing the gratuity and commutation amount to the petitioner, hence under these circumstances, the petitioner is not entitled to get any relief including the interest on t
Retiral dues must be released promptly after disciplinary proceedings; unjustified delays warrant interest on delayed payments.
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.
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.
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Pension is a right, not a privilege, and must be paid promptly as per statutory rules, with interest for delays.
A government servant exonerated from inquiry is entitled to interest on delayed retiral benefits as per the applicable rules.
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