K.K. SHARMA (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES SMT. SAROJ SHARMA AND ORS. Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THIS writ petition was filed by petitioner way back in the year 1996 with prayer that charge -sheet issued to him on last date of his retirement i.e. 31.03.1990, may be quashed and set aside and departmental enquiry may be dropped; respondents be further directed to make in time payment of pension and gratuity with commutation along with interest at the rate of 18% per annum.

(2.) SHRI Shankar Lal Sharma, brief holder of Shri Suresh Pareek, learned Counsel for petitioners, argued that original writ petitioner expired on 11.10.2007 during pendency of writ petition and now it is being prosecuted by his legal heirs, who have been taken on record by order of the Court dated 10.07.2008. It is contended that even though charge -sheet was issued to original writ petitioner way back on 31.03.1990 but respondents could not complete disciplinary proceedings in that charge -sheet for a decade and finally the enquiry proceedings were dropped on 10.03.2000. On account thereof, the petitioner was not paid retiral benefits in time. Learned Counsel therefore submitted that in the circumstances petitioner would be entitled to benefit of interest at the rate of 9% per annum in view of the provisions contained in Rajasthan Civil Services (Pension) Rules, 1996 (for short, 'the Rules of 1996').

(3.) RULE 89(1) of the Rules of 1996, which is relevant for present matter, reads as under: