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.

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) Rules, 1996 (for short 'the Rules of 1996').

3. Per contra, learned counsel for the State-respondents opposes the arguments raised by the counsel for the petitioner and submits that several letters were written to the petitioner on 19.07.2010, 02.08.2010 and 13.08.2010, by which the petitioner was directed to submit the pension Kulak. The petitioner did not complete the requisite formalities, hence, slight delay has occurred in releasing the pension dues to the petitioner. Counsel submits that immediately after completion of the requisite formalities by the petitioner all his retiral dues were released without any further delay, hence, under these circumstances, the petitioner is not entitled to get any sort of interest.

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

5. The facts mentioned/ pleaded in para 7 and 8 of the reply submitted on behalf of respondent No.4, read as under:

"7. That the contents of Para 7 of the writ petition are replied in the terms that as the petitioner had sought voluntary retirement from service as per provision of Rule 50 of the Rajasthan Civil Service (Pension) Rules 1996, w.e.f. 14.4.2010, thereafter sanction retiring the petitioner voluntarily was issued on 28.4.2010. Thereafter vide letter dated 19.7.2010, 2.8.2010, 13.8.2010, the petitioner was asked to submit pension kulaks Copies of letters dated 19.7.2010, 2.8.2010 and 13.8.2010 are enclosed herewith and are marked as Annexure R.1 (Collectively). But the petitioner did not submit the pension kulaks in time therefore, vide letter dated 13.8.2010 the pension kulaks of the petitioner was sent to Division Office by the Production Sub Division Beawar. The Division Office vide letter dated 25.8.2010 sent the pension case for sanction. The Pension Department vide GPO No.905032(R) dated 25.10.2010 has sanctioned Gratuity amount to Rs. 625,928/- Thereafter vide P.P.O. No. 875569(R) dated 25.10.2010. Original pension to Rs. 14050/- and commutated pension of Rs. 4683/- and reduced pension to Rs. 9367 was issued. Copies of the Sanction letter of GPO and PPO dated 25.10.2010 are enclosed herewith and are marked as Annexure.2 (Collectively) There has been no delay in granting pension to the petitioner by the answering respondent. It is the petitioner who delayed the submission of pension kulaks well in time

8. That the contents of para 8 of the writ petition are replied in the terms that the retiral; benefit such as benefit of leave salary of 300 days was sanctioned on 11.10.2010 and he was paid the payment of leave salary to the tune of Rs. 3,79,350/- vide cheque No. 182841 dated 12.10.2010. Photo copy of cheque dated 12.10.2010. is enclosed herewith and is marked as Annexure R.3.

Similarly, the payment of GPF to the tune of Rs.