MOHANLAL RAJPUROHIT Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This special appeal is directed against the judgment of the learned Single Judge dated 04.08.2004, dismissing the writ petition in limine relegating the appellant to the remedy of civil suit.

(2.) The short facts of the case are that the appellant retired from Tehsildar services on 30th Sept., 1996. However, he was not paid gratuity as the departmental inquiry was pending against him. On appeal filed by him the Rajasthan Service Appellate Tribunal by order dated 15.10.1998 directed the respondent to settle his pension case within a period of three months. On completion of departmental inquiry, the Board of Revenue passed an order dated 30th June, 2001 for payment of gratuity. In respect of the fact that the Board of Revenue directed to make the payment on 30th June, 2001, it was delayed and ultimately a sum of Rs. 1,13,768.00 was paid on 19.10.2002. Thus, according to the appellant there was a delay of 15 months and 18 days in payment of gratuity. Thus, he claimed interest on delayed payment of gratuity.

(3.) Having heard learned counsel for the parties, we are of the view that the instant appeal deserves to be allowed. The appellant has placed on record a circular dated 24th Feb., 2001 as Annexure-3 on the subject "Interest on delayed payment of retiral benefits." The State Government pursuant to the directions of this Court dated 12.09.1997 in D.B. Special Appeal No. 297/1995 laid down a complete procedure in addition to the procedure already laid down under the Rajasthan Civil Services (Pension) Rules, 1996. In the said case the Division Bench of this Court has ordered that in the eventuality of delay in payment of retiral benefits, without sufficient reason, the retiring employee shall be entitled to receive interest thereon @ 12% per annum, for the period commencing from 60 days after the date of such retiral benefits become due, and up to the date of authorisation of such benefits to the employee by the Director, Pension Department. Para 3 of the guidelines reads as follows:-