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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Shiv Prasad Agrawal S/o Shri Niroti Lal – Appellant
Versus
State Of Rajasthan – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing of this petition, a prayer has been made for issuing direction to the respondents to release retiral dues to the petitioner.
2. Learned counsel for the petitioner submits that the petitioner took voluntary retirement w.e.f. 14.04.2010, but in-spite of his retirement, the retiral dues were not extended to him, hence, under these circumstances, the petitioner approached this Court by way of filing this petition. Counsel submits that an interim order was passed by this Court on 09.08.2010 directing the respondents to compute and release the retiral dues to the petitioner within a period of one month. Counsel submits that in pursuance of the aforesaid order dated 09.08.2010, some of the benefits were released in favour of the petitioner in the month of August, 2010 and rest of the payment was made in the month of October, 2010. Counsel submits that unnecessarily delay has been caused by the respondents in releasing the due retiral benefits to the petitioner, hence, under these circumstances, the petitioner is entitled to get interest on the delayed payment of retiral dues in terms of the Rule 89 of the Rajasthan Civil Services (Pension) Ru
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.
A government servant exonerated from inquiry is entitled to interest on delayed retiral benefits as per the applicable rules.
Retiral dues must be released promptly after disciplinary proceedings; unjustified delays warrant interest on delayed payments.
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.
Pension is a right, not a privilege, and must be paid promptly as per statutory rules, with interest for delays.
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