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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Ramesh Singh S/o Shri Prahlad Singh Ji – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These writ petitions are filed against common respondents but with the prayer that the petitioners are entitled for payment of interest on delayed payment of retiral dues. Since, these writ petitions raises common question, therefore, we are deciding these writ petitions with common order.
2. For ready reference, we are reproducing prayer of lead matter from Writ Petition No.11942/2023 and same is reproduced as under:-
(i) The respondents may be directed to submits the complete record relating to the present case before this Hon’ble Court;
(ii) By issuing appropriate writ, order or direction the respondents may be directed to pay the Compound Interest on delayed payment of Gratuity @ of 10% on Rs.11,06,818 for the period of 30.06.2021 to 17.03.2023.
(iii) by issuing appropriate writ, order or direction the respondents may be directed to pay the Compound Interest on and for delayed payment of Encashment of Earned Leave of 300 days @ of 10% on Rs.6,74,780/- for the period of 30.06.2021 to 02.05.2023.
3. The material on record indicate that petitioner Ramesh Singh has superannuated on 30.06.2021, Prahald Singh Rathore on 31.03.2020, Himmat Singh on 30.06.2019, Omveer Singh on 31.
Court affirmed the entitlement to 9% interest on delayed retiral dues, encompassing gratuity and leave encashment, underscoring principles of complete justice.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Retiral dues must be released promptly after disciplinary proceedings; unjustified delays warrant interest on delayed payments.
Retiral dues are property under Article 300A; unexplained delays in payment warrant interest at 6% per annum, with penal compensation for further delays.
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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