Vijay Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 6751 Raj

[2023:RJ-JD:27705]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1122/2021

Vijay Kumar S/o Shri Chothu Ram Nai, Aged About 61 Years, Resident Of Ward No. 25, Sain Mandir, Rambas, Rajgarh, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Local Bodies, Rajasthan, Jaipur.

2. Deputy Director, Department Of Local Bodies, Bikaner.

3. Municipal Board, Rajgarh, Churu.

4. Executive Officer, Municipal Board, Rajgarh, Churu.

5. Addl. Director (Pension), Department Of Pension And Pensioner Welfare, Bikaner.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Rajesh Parihar

JUSTICE DINESH MEHTA

Order

02/09/2023

1. Mr. Vikas Bijarnia, learned counsel for the petitioner

submitted that the substantial relief has been granted to the

petitioner and retiral dues to his satisfaction have been paid, but

the respondents have not paid applicable interest as per Rule 89

of the Rajasthan Civil Services (Pension) Rules, 1996.

2. Learned counsel for the petitioner submitted that the

petitioner is entitled for interest @9% per annum from the date

retiral benefits became due, while placing reliance upon the

judgment dated 10.08.2021 passed by the Division Bench of this

[2023:RJ-JD:27705] (2 of 2) [CW-1122/2021]

Court in the case of Shri. Ghanshyam Giri Vs. Rajasthan High

Court; D.B. Civil Writ Petition No.11861/2019.

3. Considering that substantial relief for which the writ petition

was filed has been granted to the petitioner, the present writ

petition is disposed of with a direction to the petitioner to file a

representation before the respondent/Competent Authority raising

claim for interest in terms of Rule 89 of the Rules of 1996 or any

other applicable law so also the judgment passed in the case of

Shri Ghanshyam Giri (supra).

4. In case, the representation alongwith certified copy of the

order instant is filed within a period of four weeks, the Competent

Authority shall consider the petitioner's claim for interest in

accordance with law, as early as possible preferably within a

period of three months of receiving the same.

7. In case, the Competent Authority/respondent is of the opinion

that the petitioner is not entitled to the interest as claimed, he

shall pass a speaking order under intimation to the petitioner

against which, petitioner's right to take legal remedies shall stand

reserved.

8. The amount of interest found payable to the petitioner be paid

within a period of one month of the determination.

9. The present writ petition is disposed of.

10. Stay application also stands disposed of, accordingly.

(DINESH MEHTA),J 50-Mak/-

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