HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9658/2017 Nathu Lal Meena son of Shri Har Sahai Meena, Resident of Village Dholi Ka Bas, Tehsil Sikrai, District Dausa Rajasthan. ----Petitioner Versus 1. State of Rajasthan Through Its Chief Secretary, Govt. Of Rajasthan, Secretariat, Janpath, Jaipur Raj. 2. Secretary, Irrigation Department, Secretariat, Jaipur Rajasthan. 3. Chief Engineer, Irrigation Department, Behind High Court, Jaipur Rajasthan. 4. The Superintendent Engineer, Water Resources, Circle, Near Saras Dairy, Malviya Nagar, Jaipur Rajasthan. 5. Executive Engineer, Water Resources Division, Dausa Rajasthan. ----Respondents For Petitioner(s) : Mr. Vimal Singh For Respondent(s) : Mr. GK Sharam, AGC JUSTICE ANOOP KUMAR DHAND Order 03/02/2025 1. By way of filing of this petition following prayer has been made: “It is, therefore most humbly prayed that this writ petition may kindly be allowed and the respondents may be directed to make the payment of interest of eight years (2001 to 2009) remaining interest at the rate of 9% p.a. to be paid Rs.21,281/- and interest on calculated interest at the rate of 6% p.a. amount from 2009 to 2012 was (2 of 4) [CW-9658/2017] Rs.10,040.42/- and 2012 to 2014 Rs.1368.60/- and 2014 to 2016 Rs.1589/- amount which total comes to Rs.34,280/- with penalty. Any other appropriate order or direction which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner.” 2. Counsel for the petitioner submits that the petitioner submitted an application seeking voluntary retirement w.e.f. 30.04.2001. Counsel submits that when the said application was not decided, the petitioner approached this Court by way of filing SB Civil Writ Petition No.2246/2016. Counsel submits that the said petition was allowed and the respondents were directed to retire the petitioner w.e.f. 31.07.2001 in terms of Rule 50 of the Rajasthan Civil Services (Pension) Rules 1996. Counsel submits that a direction was issued to the respondents to pass necessary orders with consequential benefits with regard to grant of retiral dues, but when no interest was awarded by the Single Bench of this Court, the petitioner approached the Division Bench by way of filing DB Special Appeal (Writ) No.508/2012 and the same was allowed and the respondents were directed to pay interest on the amount for the period of lapse of three months from the date of order dated 19.05.2018 till its actual payment. Counsel submits that though the respondents have made the payment of interest, but the same has not been paid w.e.f. the date of retirement of the petitioner, hence, under these circumstances, interference of this Court is warranted. 3. Per contra, learned State counsel opposes the arguments raised by the counsel for the petitioner and (3 of 4) [CW-9658/2017] submits that the Single Bench of this Court has not granted any interest to the petitioner, however, the Division Bench of this Court has passed an order on 30.08.2012 granting him interest after three months i.e. after 19.05.2008. Counsel submits that the compliance of the aforesaid order, passed by the Division Bench of this Court, was done, accordingly, interest was granted to the petitioner immediately, after three months of the date of order i.e. 19.08.2008. Hence, under these circumstances, the petitioner is not entitled to get any interest and interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that the Single Bench of this Court has not granted any interest to the petitioner while deciding his SB Civil Writ Petition No.2246/2006, thereafter, he approached the Division Bench of this Court by way of filing DB Special Appeal (Writ) No.508/2012 and the same was disposed of with the following directions: "...Hence, interest is also required to be paid on non-interest bearing amount for the period on lapse of three months period from the date of order passed on 19.05.2008 till the actual payment was made, respondents are directed to make the payment of interest on such non-interest bearing amount at the rate of 6% per annum. The respondents shall make the payment of interest on interest bearing amount at the rate as prescribed in the relevant rules on such dues till actual payment was made. Accordingly, the intra-court appeal is allowed to the aforesaid extent. Order passed (4 of 4) [CW-9658/2017] by the Single Bench is modified accordingly. No order as to costs." 6. The order passed by the Division Bench of this Court is clear and specific and it clearly indicates that the petitioner would be entitled to get interest after three months from the date of the order dated 19.05.2008 and the three months have expired on 19.08.2008. Perusal of the compliance report annexed with the writ petition as Annexure-5 clearly indicates that the respondents have made the payment of interest to the petitioner w.e.f. 19.08.2008, hence, under these circumstances, the order passed by the Division Bench has been complied and the petitioner is not entitled to get interest w.e.f. the date of his actual retirement. This Court finds no merit and substance in this petition. 7. Accordingly, the instant writ petition is hereby rejected. Pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/89