[2025:RJ-JP:13209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17720/2024 Shri Shiv Kumar Sharma S/o Late Shri Babu Lal Sharma, Residing At 60 Feet Road, Ram Nagar Colony, Nearby Sarawati School, Alwar- 301001, Rajasthan retired from the Post of Junior Engineer from Water Resource Department, Sub Division Nagar, Deeg- Division, District- Bharatpur. ----Petitioner Versus 1. State of Rajasthan, through Principal Secretary, Water Resource Department, Secretariat, Jaipur, Rajasthan. 2. The Director, Directorate of Pension and Pensioners Welfare Department, Jyoti Nagar, Jaipur, Rajasthan. 3. Chief Engineer, Water Resource Department, Jaipur, Rajasthan. 4. Additional Chief Engineer, Water Resource Department, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ranchit Sharma with Mr. Hanumant Singh Shekhawat For Respondent(s) : Mr. Saumil Sharma for Mr. G.K. Sharma, AGC JUSTICE ANOOP KUMAR DHAND Order 24/03/2025 1. By way of filing the instant writ petition, a limited prayer has been made for issuing directions to the respondents to pay interest at the rate of 9% in terms of the Rule 89 of the Rajasthan Civil Service (Pension) Rules, 1996 (for short ‘Rules of 1996’) for the delayed payment of retiral dues. 2. Counsel for the petitioner submits that the petitioner stood retired on 31.01.2010 after attaining the age of superannuation [2025:RJ-JP:13209] (2 of 3) [CW-17720/2024] but at the time of his retirement, a criminal case under Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (for short ‘Act of 1988’) read with Section 417, 477A & 120B of IPC was pending against him. Counsel submits that in the aforesaid criminal case, the petitioner was convicted for the offences under Section 13(1)(d)(ii) of the Act of 1988 vide judgment dated 24.10.2013 passed by the Court of learned Special Judge, Anti Corruption Cases No.1, Jaipur against which Criminal Appeal No.800/2013 was submitted before this Court, however, the same was also rejected vide judgment dated 06.01.2017. Counsel submits that the aforesaid judgment was assailed by the petitioner before the Hon’ble Apex Court by way of filing Criminal Appeal No.1050/2022 and the same was allowed vide judgment dated 28.07.2022. Counsel submits that inspite of acquittal of the petitioner in the aforesaid criminal case on 28.07.2022, the respondents have delayed the payment of retiral dues of the petitioner for a period of more than a year without any justified reason, hence, under these circumstances, the petitioner is entitled to get interest on delayed payment of retiral dues, in view of the submissions made hereinabove. 3. Learned counsel for the respondent-State opposed the prayer and submitted that he is not in a position to controvert the submissions made by the counsel for the petitioner. 4. Considering the arguments put forward by counsel for the petitioner and looking to the fact that the petitioner has been acquitted by the Hon’ble Apex Court vide judgment dated 28.07.2022. Since no departmental enquiry was pending against the petitioner at the relevant time, hence, under these [2025:RJ-JP:13209] (3 of 3) [CW-17720/2024] circumstances, the respondents were not justified in withholding the retiral dues of the petitioner after the judgment passed by the Hon’ble Apex Court. 5. In view of the above, the facts and circumstances of the case, the petitioner is entitled to get interest at the rate of 9% in terms of Rule 89 of the Rules of 1996 for the delayed payment of retiral dues. Accordingly, the instant writ petition stands allowed. 6. The respondents would comply the order passed by this Court within a period of three months from the date of receipt of certified copy of this order. 7. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J GARIMA /36