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2025 DAILYLAW 23085 (RAJ)

BHANWAR LAL KUMAWAT S/O RAMESHWAR LAL KUMAWAT v. SHRI KARN NARENDRA

CW/11086/2020 · 2025-07-21

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:27159] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11086/2020 Bhanwar Lal Kumawat S/o Rameshwar Lal Kumawat, Aged About 63 Years, Resident Of B-133, Ram Mandir Road, Mahesh Nagar, Lal Kothi, Gandhi Nagar, Jaipur, Rajasthan 302015 ----Petitioner Versus 1. Shri Karn Narendra, Agriculture University, Jobner (Rajasthan Agriculture Research Institute- RARI), Durgapura, District Jaipur, Rajasthan Through Its Vice Chancellor 2. The Registrar, Shri Karn Narendra Agriculture University, Jobner (Rajasthan Agriculture Research Institute -RARI) Jobner, District Jaipur, Rajasthan ----Respondents For Petitioner(s) : Ms. Shashi Bala Sharma For Respondent(s) : Mr. Parikshit Singh Shekhawat HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 21/07/2025 Pursuant to order of this Court dated 03.07.2025, learned counsel for the respondents submits that under the SKNAU, Jobner Teachers/Officers/Employees Service Conditions and Conduct Rules, 2013 (for short, “the Rules of 2013”), there is no provision for payment of interest on delayed payment of retiral dues. He, therefore, prays that they do not owe any liability to pay interest. Indisputably, the petitioner retired from the services of the respondents on 31.07.2017 after attaining the age of superannuation and was released retiral benefits on 04.08.2020, i.e., with a delay of almost three years. This Court does not find substance in the submission made by learned counsel for the respondents for the reason that Rule 10(v) of the Rules of 2013 provides as under:- [2025:RJ-JP:27159] (2 of 2) [CW-11086/2020] (10)(v) The rules of Rajasthan Govt. shall be applicable as amended from time to time. The rules of Government for new contributory pension scheme 2004 will be applicable on the teachers/officers/employees appointed on and after 01.01.2004. From the aforesaid, it is apparent that Rules of Rajasthan Government have been made applicable as amended from time to time. Rule 89 of the Rajasthan Civil Services (Pension) Rules 1996 (for short, ”the Rules of 1996”) provides for interest on delayed payment of retiral dues at the rate 9% per annum. Even otherwise, since, the respondents have delayed payment of gratuity to the petitioner, without any reason or rhyme, for a period of almost three years, the petitioner is found to be entitled for interest on the delayed payment. In view thereof, this writ petition is disposed of with a direction to the respondents to pay interest on delayed payment of gratuity to the petitioner in terms of Rule 89 of the Rules of 1996. The compliance be made within a period of twelve weeks from today failing which the each day’s delay would carry a fine of Rs.500/- which shall be payable by the officer(s) responsible for delay. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J YOGESH/18