[2026:RJ-JP:512]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 24108/2018 Ramavtar Sharma Son Of Shri Ram Rai Sharma, Aged About 67 Years, Resident Of A-4, Bhardwaj Marg, Gali No. 17, Barkat Na-

gar, Tonk Phatak, Jaipur.

----Petitioner Versus

1. Principal Secretary Finance, Department Of Finance, Gov-

ernment Of Rajasthan, Government Secretariat, Jaipur.

2. Director, Directorate Of Pension And Pensioners Welfare Rajasthan, Jyoti Nagar, Jaipur.

3. Secretary, Department Of Revenue, Government Of Ra-

jasthan.

4. Secretary, Department Of Personnel, Government Of Ra-

jasthan, Government Secretariat, Jaipur.

----Respondents For Petitioner(s) : Mr. Shri Rakesh Kumar Ms. Priyanka Chauhan Mr. Abhimanyu Singh Bhati For Respondent(s) : Mr. Vijay Laxmi for Mr. V.D. Gathala Ms. Sweekriti Sharma for Mr. Archit Bohra, AGC Mr. Shubham Gupta for Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

08/01/2026

1. Instant writ petition has been filed by the petitioner with following prayer:

(a) Issue an appropriate Writ, Order direction to give pension and other benefits to the petitioner;

and (b) Issue appropriate Writ, an Order direction giving any other relief to the petitioner in the facts and circumstances of the Writ Petition;

2. During the course of arguments, it has been appraised to the Court that the retiral benefits were already granted to the petitioner, but the payment has been made after a substantial delay. Learned Counsel, while referring and relying upon Rule 89 of the Pension Rules, submitted that the petitioner is entitled to interest at the rate of 9% per annum on the delay beyond a period of two months from the date of superannuation or the date on which the amount became due.

3. Learned Counsel appearing on behalf of the respondents opposed the contentions and submitted that there was no deliberate delay on the part of the respondents in releasing the retiral benefits. They placed reliance upon the reply filed by them.

4. Rule 89 of the Pension Rules is reproduced as under:

“(1) If the payment of retiral benefits has been authorised after 60 days from the date when its payment became due, and it is established that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down in this Chapter or elsewhere in these rules, interest @ 9% per annum from the date retiral benefits become due would be payable till the end of the month preceding the month in which the retiral benefits are authorised.

(2) Every case of delayed payment of retiral benefits shall, suo moto, be examined by the Head of Office and shall be forwarded to the Administrative Department through the Head of the Department, and where the Administrative Department is satisfied that the delay in the payment of retiral benefits was caused on account of administrative lapse or inaction, the Administrative Department concerned shall issue sanction for the payment of interest to the Director, Pension Department.

(3) In all cases, where payment of interest has been authorised, the Administrative Department concerned shall fix responsibility and take disciplinary action under the Rajasthan Civil Services (C.C.A.) Rules, 1958 against the Government servant(s) who is/are found responsible for the delay in the payment of retiral benefits and shall recover the loss caused to the Government due to payment of interest to the pensioner from the Government servant(s) held responsible. (4) In the order for payment of interest, the Administrative Department shall also mention the name(s) of officer(s)/official(s) responsible for delay and the amount of interest recoverable from him/them.

(5) If as a result of Government’s decision taken subsequent to the retirement of a Government servant, the amount of retiral benefits already paid on his retirement is enhanced on account of:

(a) grant of emoluments higher than the emoluments on which retiral benefits already paid were determined, or (b