[2025:RJ-JP:49955-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal (Writ) No. 1337/2025

IN

S.B. Civil Writ Petition No. 11086/2020

1. Shri Karn Narendra Agriculture University, Jobner

(Rajasthan Agriculture Research Institute- RARI), Durgapura, District Jaipur, Rajasthan Through Its Vice

Chancellor

2. The Registrar, Shri Karn Narendra Agriculture University,

Jobner (Rajasthan Agriculture Research Institute -RARI)

Jobner, District Jaipur, Rajasthan.

----Appellants

Versus

Bhanwar Lal Kumawat S/o Rameshwar Lal Kumawat, Aged About 63 Years, Resident Of B-133, Ram Mandir Road, Mahesh Nagar,

Lal Kothi, Gandhi Nagar, Jaipur, Rajasthan 302015

----Respondent

For Appellant(s) : Mr. Himanshu Tholia

For Respondent(s) : Ms. Shashi Bala Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

09/12/2025

1. This appeal has been filed by the appellants, challenging the order dated 21.07.2025 passed by the learned Single Judge in

S.B. Civil Writ Petition No.11086/2020.

2. The learned Single Judge while disposing of the writ petition,

in para No.3 & 7 of its order observed as under:-

“From the aforesaid, it is apparent that Rules of Rajasthan Government have been made

applicable as amended from time to time.

Rule 89 of the Rajasthan Civil Services (Pension) Rules 1996 (for short, ”the Rules of 1996”) provides for interest on delayed payment of retiral dues at the rate 9% per annum.

Even otherwise, since, the respondents have delayed payment of gratuity to the petitioner, without any reason or rhyme, for a period of almost three years, the petitioner is found to be entitled for interest on the delayed payment.

In view thereof, this writ petition is disposed of with a direction to the respondents to pay interest on delayed payment of gratuity to the petitioner in terms of Rule 89 of the Rules of 1996. The compliance be made within a period of twelve weeks from today failing which the each day’s delay would carry a fine of Rs.500/- which shall be payable by the officer(s)

responsible for delay.

Pending application(s), if any, also stands disposed of.”

3. We have gone through the order passed by the learned Single Judge.

4. Admittedly, the Rajasthan Civil Services (Pension) Rules 1996, (hereinafter to be referred as ‘Rules of 1996’) are applicable to the employees of the appellant-University as well, wherever the University’s own rules are silent. It is also admitted that there is no provision in the University rules regarding payment of interest on the delayed payment of gratuity.

5. After going through the order passed by the learned Single Judge, we find that the learned Single Judge has rightly disposed of the writ petition in terms of the Rule 89 of the Rules of 1996. However, so far as the penalty of Rs.500/- per day as imposed by learned Single Judge on account of delay in payment is concerned, the same, in our considered view, deserves to be set aside.

6. In that view of the matter, the direction of the learned Single Judge as passed in the order dated 21.07.2025 of imposing penalty of Rs.500/- per day is set aside. The appellants are now directed to make the payment of interest, within a period of one month from today on account of delay in making the payment of gratuity. The order of the learned Single Judge dated 21.07.2025 stands modified accordingly. The appeal is partly allowed in the above terms.

(RAVI CHIRANIA),J (INDERJEET SINGH),J Sourav/Dushyant /56 Powerd by TCPDF (w.tcpdf.org)