GIRDHAR SHARMA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner, a Junior Accountant with the respondents, retired from service on attaining the age of superannuation on 31.7.2006. At the time of retirement, he was facing a disciplinary action as per Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958').

(2.) The disciplinary action so initiated came to an end on 1.8.2008 and that culminated into exoneration of the petitioner. The respondents accordingly on 28.8.2008 made payment of all retrial benefits including gratuity to the petitioner.

(3.) The claim of the petitioner is that he is entitled for interest as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 due to delayed payment of retrial benefit. As per Rule 89 (as that was existing prior to amendment vide notification dated 9.9.2008) interest could have been made on delayed payment of retrial benefits if the delay caused is attributable to administrative lapses, but in the instant case, there was no administrative lapses. As a matter of fact, the retrial benefits were detained because of pendency of disciplinary action.