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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Udai Kumar Sharma, S/o. Shri SK. Sharma – Appellant
Versus
The State of Rajasthan, through the Secretary – Respondent
Order :
FARJAND ALI, J.
1. The petitioner, who has retired from the post of Associate Professor in Mathematics and Statistics from the Jai Narain Vyas University, Jodhpur, has preferred the instant writ petition seeking a direction for the respondents to grant him interest on the delayed payment of retiral benefits, i.e. arrears of commutation, leave encashment and gratuity, at the rate of 6% per annum from the date of retirement till the date of payment, which comes to Rs.3.63 lacs.
2. Briefly stated, facts of the case are that the petitioner is retired Associate Professors in Mathematics & Statistics of Jai Narain Vyas University, Jodhpur. He retired from service on attaining the age of superannuation w.e.f. 31st July, 2008.
3. The State of Rajasthan introduced 6th Pay Commission and accordingly the Governor of Rajasthan revised the existing scales of pay of the Vice-Chancellor, Professors, Readers/Associate Professors and Assistant Professors / Librarians etc and this was done w.e.f. 01.01.2006. In this regard, order was passed by the Education Department of Government of Rajasthan on 27.10.2009, which was communicated to the Vice-Chancellor of the respondent University.
4. Prior to
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Arbitrary delay in disbursement of retiral benefits violates Articles 14 and 16 of the Constitution, necessitating judicial directions for timely payment and interest on delayed amounts.
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
A government servant exonerated from inquiry is entitled to interest on delayed retiral benefits as per the applicable rules.
Employers must timely process and pay retiral benefits, with interest owed for delays established by court precedent.
An employer's failure to disburse gratuity and leave encashment timely violates statutory obligation, warranting payment of interest without regard to employee delay in approach.
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