LAWS(RAJ)-2010-11-3

R K CHAUDHARY Vs. STATE OF RAJASTHAN

Decided On November 15, 2010
R.K.CHAUDHARY Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Initially, the Petitioner filed this writ petition for the reliefs that the Respondents be directed to release and pay regular pension, commutation as well as the amount of gratuity to the Petitioner, along with interest @ 18% per annum, from the date of his superannuation.

(3.) It appears that during pendency of this petition, the Petitioner has already been paid pensionary benefits as also the amount of gratuity. However, the Petitioner's claim now survives in this petition is only with respect to payment of interest of gratuity amount, as according to the Petitioner, he is entitled to get interest @ 18% p.a. However, as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter to be referred to as 'the Rules of 1996') there is a provision for award of interest @ 9% p.a. over the delayed payment.