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.

ORDER :

FARJAND ALI, J.

1. The petitioner has approached this Court seeking a writ in the nature of mandamus, directing the respondent-University to release his last month’s salary, arrears of salary for 2 months and 12 days, pension, gratuity, commutation, leave encashment, arrears of selection grade under CAS, and provident fund. The petitioner has also sought interest on the delayed amounts at the rate of 18% per annum from 31.08.2017 until actual payment and, additionally, seeks that respondents 2 to 5 be held personally liable for their alleged illegal and irresponsible actions.

2. The facts relevant and necessary for disposal of the instant Writ Petition are that the petitioner was appointed as Assistant Professor in the Department of Psychology, Faculty of Arts, Jai Narayan Vyas University, Jodhpur, vide appointment letter dated 01.10.1984, and assumed charge on 07.11.1984. His services were regularized in 1986, and he was promoted to Associate Professor in 1988 and subsequently to Professor in 2001, with seniority reckoned from his prior service. On 17.08.2015, he was designated as Head of the Department (HOD) of Psychology and continued in this capacity until his retirement on 31.08.2017. However, the relieving letter was issued belatedly on 12.09.2017, covering the period post-retirement, during which the petitioner continued to discharge his duties and mark attendance through the biometric system.

2.1. Prior to retirement, the petitioner obtained No Due Certificates (NDCs) from all departments except his own (Psychology) and the Accounts Department. During this process, a minor discrepancy in library records was rectified by the petitioner through payment of Rs. 4,219/-, and corresponding receipts were duly issued. Despite compliance with all procedural requirements under Regulations 32–34 and 50 of the University Regulations, 1990, the respondents delayed finalization of his pension, gratuity, commutation, leave encashment, provident fund, arrears of selection grade under CAS, and last month’s salary.

2.2. Repeated representations by the petitioner to the Registrar, Financial Comptroller, and other authorities went unheeded. Even after issuance of reminders and a legal notice, the respondents failed to release the retiral benefits, thereby denying the petitioner his lawful entitlements and infringing upon his fundamental rights. At no stage was any deficiency attributable to the petitioner, as the Regulations cast the duty of preparing and processing the pension and other benefits squarely on the University. Consequently, the petitioner approached this Hon’ble Court seeking direction for immediate release of all retiral benefits with consequential dues.

3. Learned counsel for the petitioner submitted that the respondents’ persistent inaction and failure to issue the No Due Certificates (NDCs) from the Department of Psychology and Accounts has inflicted substantial financial and professional prejudice upon the petitioner. Despite having fully complied with all procedural formalities and there being no outstanding dues, the respondents arbitrarily withheld the petitioner’s pension, gratuity, commutation, leave encashment, arrears of selection grade, provident fund, and salary for 2 months and 12 days, contrary to the Regulations, 1990, particularly Regulations 32 to 34, which mandate the timely disbursement of retiral benefits.

3.1. Counsel emphasized that the respondents offered no justification for the delay of over five months, while all other departmental NDCs were processed promptly. The petitioner’s refusal to issue an NDC for Prof. Asha Kinra, who had not returned official documents and library books,