Kalu Ram Panwar vs State of Rajasthan and Others

Mohammad Rafiq, J.—This writ petition was filed by Petitioner way back in 2004 claiming retiral/pensionary benefits together with interest at rate of 18% per annum. During pendency of writ petition, retiral/pensionary benefits have been paid to Petitioner and Respondents have issued Pension Payment Order on 31.08.2004.

Contention of learned Counsel for Petitioner is that Petitioner was due to retire on 30.06.1999 but Respondents did not pass any formal order of retirement and they retired Petitioner on 29.04.2000. Respondents did not pass order for payment of retiral/pensionary benefits for a long period. Ultimately Respondents sanctioned pension to Petitioner vide order dated 31.08.2004 and thus there is delay of about four years in payment of retiral/pensionary benefits; therefore it is prayed that Petitioner should be awarded interest on delayed payment of retiral/pensionary benefits.

Shri K.N. Gupta, learned Counsel for Respondent No. 4, argued that since Petitioner had worked from 01.07.1999 to 29.04.2000 beyond date of due retirement i.e. 30.06.1999, his case was forwarded to government for clarification; ultimately pension payment order was prepared with effect from 01.07.1999 which is actual date of retirement, on the basis of which his pension case was finalized and, owing to this reason the delay occasioned in making payment of retiral/pensionary benefits to Petitioner.

Even if Petitioner worked by 9 months more with Respondents, nevertheless he was paid for service that was rendered by him to Respondents. It is not the case of Respondents that Petitioner concealed or made any fraud upon them for such service nor they proceeded in such manner against Petitioner. There can however be no justification for delaying payment of retiral/pensionary benefits at least from 31.03.2000.

Writ petition is therefore partly allowed. Respondents are directed to pay interest to Petitioner at rate of 6% per annum for period of delay in making pensionary/retiral benefits counting such period from 31.03.2000 till actual payment was made.

Compliance of judgment be made within a period of three months from the date a copy of this order is produced before Respondents.