[2026:RJ-JP:16240] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15643/2023 Shankar Lal Yadav S/o Shri Sultan Ram Yadav, Aged About 60 Years, R/o Village Makadi, Tehsil Neem Ka Thana, District Sikar (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Secretariat, Jaipur Rajasthan. 2. The Chief Engineer (Administration), Public Health Engineering Department, Phed Head Office Campus, Rajasthan, Jaipur. 3. The Assistant Engineer, Public Health Engineering Department, Sub Division Sambhar Lake, District Jaipur, Rajasthan. 4. Director, Directorate Of Pension Of Pensioners Welfare Department, Jyoti Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. C.P. Sharma a/w Mr. Deepak Kumar. For Respondent(s) : Mr. Neeraj Batra, GC a/w Ms. Sneha Kaushal. Mr. Rahul Lodha, AGC. HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 17/04/2026 1. Heard for final disposal. 2. The limited issue in the present writ petition is with regard to grant of interest on the delayed payment. 3. Initially, the present writ petition was filed seeking the reliefs with regard to the release of amount of gratuity, privilege leave, [2026:RJ-JP:16240] (2 of 3) [CW-15643/2023] GPF, CPO and other benefits along with an interest of 12% p.a. as per Rule 89 of the Rajasthan Pension Rules, 1996. 4. It appears that during the pendency of this writ petition the principal amounts have already been paid to the petitioner under various categories. The grievance of the petitioner is that the amounts were paid with the delay of one year. 5. The contention of the learned counsel appearing for the petitioner is that no act or omission is attributable to the petitioner for the delay in payment of the retiral benefits and the delayed payment was only on the part of the respondents. Therefore, he is entitled for interest as per Rule 89 of the Rajasthan Pension Rules, 1996. 6. The learned counsel appearing for the respondents submits that the delay was on account of the two appointing dates as mentioned in the service book of the petitioner. In this regard, the parent Department had conducted an inquiry and according to the decision taken in such an inquiry, the amounts were released. 7. There is no doubt that Rule 89 of the Rajasthan Pension Rules, 1996 requires the payment of interest on the delayed payment. The retiral benefits are required to be certified within a period of 60 days from the date of retirement. If such benefits are not paid, the respondents are liable to pay an interest @ 9% per annum on such benefits. 8. It appears that on the account of dual entries relating to the date of appointment, the delay was occurred. It further appears that even prior to the date of retirement of the petitioner, there was an inquiry with regard to the dual dates of appointment as mentioned in the service records of the petitioner and the [2026:RJ-JP:16240] (3 of 3) [CW-15643/2023] proceedings in this regard were concluded on 19.04.2024 and the same was put to rest. The petitioner was retired on attaining the age of superannuation on 30.06.2023. The above decision was taken before the date of retirement of the petitioner. 9. Once the dispute with regard to mentioning of dual dates of appointment is resolved and was put to rest, again the respondents cannot be permitted to re-agitate the same issue. In such circumstances, this Court feels that the delay caused in payment of the retiral benefits was not an act or omission on the part of the petitioner but on the part of the respondents and, therefore, the respondents are liable to pay interest on the delayed payment. 10. In the result, the present writ petition is partly allowed. The respondents are directed to pay interest @ 9% per annum on the delayed payments of retirement benefits for the period of 10 months. The amount shall be paid to the petitioner within a period of two months from the date of receipt a copy of this order, failing which, the respondents are required to pay the enhanced interest @ 12% per annum on the quantified amount. (MUNNURI LAXMAN),J 20-Mohan/-