SHAKTI KUMAR RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner with the prayer to direct the respondents to pay him pension with interest @12% p.a. On delayed payments of pension and all other retiral benefits i.e. gratuity, commutation etc. for the period w.e.f. 01.02.2002 to 05.09.2002/09.09.2002, further, respondents be directed to pay to him a sum of Rs. 11,997/ - and also the payment of TA bill amounting to Rs. 5,156/ - with interest @15% p.a. and further the order dt. 27.07.2002 may be quashed demanding Rs. 15,428/ - from petitioner on account of un -sanctioned house rent allowance for the period w.e.f. 01.02.2000 to 28.9.2000 and in case the same is recovered, it may directed to be refunded to him.

(2.) FOR the reasons and grounds mentioned in the writ petition, the writ petition deserves acceptance. Otherwise also, the controversy involved is squarely covered by the reportable judgment of this Court rendered in Madan Swaroop Simlote v. State of Rajasthan and Ors. S.B. CIVIL WRIT PETITION No. 1754/2001 decided on 07.11.2008.

(3.) IN the result, the writ petition is allowed. The impugned judgment and order dt. 27.07.2002 is set -aside. The respondents are directed to release all due post retiral benefits in favour of the petitioner together with interest @ 9% per annum beyond 60 days from the date of retirement of petitioner of i.e. 31.01.2002 thus counting from 01.04.2002 till its payment to the petitioner. The respondents are further directed to refund to the petitioner a sum of Rs. 15,428/ - deducted from his salary which actually was paid to him. Compliance of this order shall be made within a period of three months from the date its copy is produced before the respondents.