KHIMA RAM Vs. STATE & ORS.

JUDGEMENT

(1.) THE petitioner, who retired from the post of Carpenter in the office of Superintendent of Police, Pali with effect from 31.01.2009, has filed this writ petition stating the grievance that for no fault or misrepresentation on his part, the respondents deprived him of the retiral benefits and failed to make the requisite payment despite service of notice.

(2.) The contesting respondents have filed the reply essentially with the submissions that the retiral benefits have been paid to the petitioner after removal of the objections raised by the Pension and Pensioner's Welfare Department and after taking opinion from the Financial Advisor concerned. It is submitted that the petitioner has been paid the amount of GPF to the tune of Rs. 3,42,681/ - under the bill dated 02.02.2009 and of Leave Encashment to the tune of Rs. 1,15,776/ - under the bill dated 12.02.2009. The respondents have also referred to the relevant pension orders issued in relation to the petitioner. It is submitted that there had been queries and disputes about the pay -scale applicable to the petitioner who had earlier worked as a work -charged employee, particularly that in regard to the grant of selection grade and for that reason, the pension case of the petitioner was required to be re -sent to the Pension Department. It is submitted that anything of bona fide mistake does not create any right in any person; that the mistake in the present matter was rectified and the retiral benefits were paid to the petitioner; and the delay was caused due to "administrative process".

(3.) THE delay having been caused in the matter of payment of retiral benefits indisputably; and the delay having not been on account of any failure on the part of the petitioner in compliance of the procedure laid down, the petitioner is directly entitled to interest @ 9% per annum from the date the retiral benefits became due till the end of the month preceding the month in which the benefits were authorised per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996.