Smt. Papendra Kaur vs State of Raj. and Others

Govind Mathur, J.—The petitioner, a member of Rajasthan Education Service, stood retired from service on 31.1.2007 on attaining the age of superannuation. At the time of retirement terminal benefits such as pension, leave encashment, gratuity, pension commutation etc. were not allowed to her as a disciplinary proceeding was under contemplation. The State Government by an order dated 3.9.2007 decided not to proceeded against the petitioner with disciplinary action, and therefore, the charge sheet issued was withdrawn. The claim of the petitioner is that there was no valid reason available to the employer to detain pension and other post retiral benefits, therefore, as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 she is entitled to get interest on delayed payment of pensionary benefits.

A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner was subjected to disciplinary proceedings, and therefore, a valid reason was available to the department to detain pensionary benefits.

Heard counsel for the parties and considered the rival contentions.

So far as the factual aspect of the matter is concerned that is admitted by the parties. It is not in dispute that the petitioner retired from service on 31.1.2007 and in the month of April 2007 a disciplinary proceeding was instituted against her but the same was withdrawn in the month of September 2007. In the order dated 3.9.2007 withdrawing disciplinary action it is mentioned in specific terms that there was no serious misconduct on part of the petitioner warranting disciplinary action.

In view of the recitals of the order dated 3.9.2007 it can be safely said that pensionary benefits of the petitioner were detained without any just reason, as such, the petitioner is entitled for interest on delayed payment of pensionary benefits. The petitioner is also entitled for getting interest on the delaying payment of gratuity as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996.

Accordingly, this petition for writ is allowed. The respondents are directed to allow interest to the petitioner on delayed payment of pensionary benefits including interest on gratuity as per Rule 89 of the Rules of 1996. Such interest is required to be paid at the rate of 8% per annum.