[2026:RJ-JP:1064]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 22511/2017 Gopi Chand S/o Shri Jhuntha Ram, R/o Village Gunti, Post Pacheri Bari, Tehsil Buhana, District Jhunjhunu Raj.

----Petitioner Versus

1. State Of Rajasthan Through Its Secretary, Finance Department, Govt. Of Rajasthan, Secretariat, Jaipur Raj.

2. Director, Secondary Education, Rajasthan At Bikaner Raj.

3. Director, Pension And Pensioners Welfare Department, Government Of Rajasthan, Jyoti Nagar, Jaipur Raj.

4. Deputy Director, Secondary Education, Division Churu Raj.

----Respondents For Petitioner(s) : Mr. M.S. Gurjar For Respondent(s) : Mr. Devansh Sharma, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

12/01/2026

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

“It is, therefore, humbly prayed that your lordships may graciously be pleased to accept and allow this writ petition and the impugned action of the Respondents by not granting the benefit of service Gratuity or retirement Gratuity may kindly be declared null and void and further be quashed and set aside and respondents be directed to grant the benefit of service gratuity to the petitioner from the date of entitlement with interest of 8% P.A. and cost may also be quantified at Rs.50000/- awarded in similarly situated persons by the Hon’ble Apex Court.

Any other order, which this Hon’ble Court deem just and proper may kindly be passed in favour of the petitioner.”

2. During the course of arguments, it has been appraised to the Court that the 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 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