HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10185/2012 Banwari Lal Koli Son of Shri Parma Ram, resident of Subhash Colony, Kolipada, Ward No.17, Near Gyaneshwari Shiv Mandir, Gangapur City, District Sawai Madhopur (Raj.) ----Petitioner Versus 1. the Director, Local Self Department, Govt. Of Rajasthan, Jaipur (Raj.) 2. The Chairman, Municipal Board, Gangapur City, District Sawai Madhopur (Rajasthan) 3. Executive Officer, Municipal Board, Gangapur City, District Sawai Madhopur (Rajasthan) ----Respondents For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 19/02/2025 1. By way of filing this petition, a prayer has been made for issuing directions to the respondents to make the payment of due amount of Rs.2,94,992/- with interest. 2. None has put appearance on behalf of the petitioner as well as the respondents. 3. Reply to the instant petition has been submitted by the respondents, which indicates in para 2 that the due amount has already been released to the petitioner in the year 2011 and 2012. The description of the same is mentioned in para 2 and 3 which is reproduced as under: (2 of 3) [CW-10185/2012] "2. That, admittedly, following amound has been paid to the petitioner - (I) Rs. 10,000/- on 17.10.2011 through cheque No.978499 (ii) Rs. 57678/- on 17.2.2012 through cheque No. 349535 (iii) Rs. 25000/- on 13.2.2012 through cheque No.349554; (iv) Rs. 22847/- paid through cheque No.349520 dated 9.4.2012. 3. That after making aforesaid payments an amount of Rs. 167678/- is required to be paid on account of PF and Rs.147180/- are required to be paid on account of PL. The Total gratuity amount is Rs.242847/- and out of it Rs.62847/- had already been paid." 4. Since the due amount has already been released to the petitioner in the year 2011 and 2012, the relief sought for has been granted to the petitioner. 5. Now the only question which remains for consideration of this Court is that 'Whether the petitioner is entitled to get interest on the delayed payment of amount of above benefits. 6. The contents of the writ petition indicates that the petitioner stood retired on 31.12.2010 after attaining the age of superannuation and neither any criminal case nor any departmental proceedings were pending against him, even then, his retiral dues have been unnecessary withheld by the respondents and no justification has been given by the respondents in their reply for withholding the same, hence, under these circumstances, the petitioner is entitled to get (3 of 3) [CW-10185/2012] interest @9% per annum on the delayed payment of retiral dues. 7. In view of the above, the instant writ petition stands disposed of by issuing directions to the respondents to pay interest @9% per annum in terms of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 to the petitioner. 8. Needless to observe that 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 Court. 9. Since both parties have remained unrepresented before this Court and they are not aware about passing of this order, Office is directed to send a copy of this order to the petitioner as well as the respondents on their respective addresses mentioned in the memo of cause title for their intimation and necessary compliance. 10. Pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/131