Rajasthan High Court - Jodhpur
Dr. Udai Kumar Sharma vs State And Anr (2025:Rj-Jd:48379) on 11 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:48379]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11938/2015
Dr. Udai Kumar Sharma S/o Shri SK. Sharma, aged about 67
years, R/o 137-A, Swami Vihar, Pand. T.N. Mishra Magar, Nirman
Nagar, Jaipur, retired Associate Professor in Mathematics &
Statistics
----Petitioner
Versus
1. The State of Rajasthan through the Secretary, Higher
Education, Secretariat, Jaipur (Rajasthan)
2. The Jai Narain Vyas University, Jodhpur through its Registrar
----Respondent
For Petitioner(s) : Mr. Manoj Bhandari, Senior Advocate,
assisted by Mr. Ojas Gupta
For Respondent(s) : Mr. A.K. Rajvanshy
HON'BLE MR. JUSTICE FARJAND ALI
Order
11/11/2025
1. The petitioner, who has retired from the post of Associate
Professor in Mathematics and Statistics from the Jai Narain Vyas
University, Jodhpur, has preferred the instant writ petition seeking
a direction for the respondents to grant him interest on the
delayed payment of retiral benefits, i.e. arrears of commutation,
leave encashment and gratuity, at the rate of 6% per annum from
the date of retirement till the date of payment, which comes to
Rs.3.63 lacs.
2. Briefly stated, facts of the case are that the petitioner is
retired Associate Professors in Mathematics & Statistics of Jai
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Narain Vyas University, Jodhpur. He retired from service on
attaining the age of superannuation w.e.f. 31st July, 2008.
3. The State of Rajasthan introduced 6 th Pay Commission and
accordingly the Governor of Rajasthan revised the existing scales
of pay of the Vice-Chancellor, Professors, Readers/Associate
Professors and Assistant Professors / Librarians etc and this was
done w.e.f. 01.01.2006. In this regard, order was passed by the
Education Department of Government of Rajasthan on
27.10.2009, which was communicated to the Vice-Chancellor of
the respondent University.
4. Prior to retirement of the petitioner, the benefit of 6 th Pay
Commission was ordered to be granted to him but no payment of
arrears were released to him. His fixation. was also made under
the 6th Pay Commission w.e.f. 1st January, 2006 in the pay scale
of Rs. 37400-67000, but he was not paid the arrears. After his
retirement, he was also not issued the revised Pension Payment
Order as well as gratuity. The benefits of Leave Encashment,
commutation of pay were also not paid in accordance with the
Revised Pay Scale under the 6th Pay Commission.
5. Learned counsel for the petitioner submits that the
controversy has already been set at rest by the Division Bench of
this court in the case in DB Civil Writ Petition No. 1914/2010
titled as Retired Agriculture Lecturers Employees of
Agriculture University V/s State of Rajasthan & Ors,
decided on 24.9.2010, whereby it has been directed that the
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arrears of 6th Pay Commission and consequential benefits should
be paid to all the retired employees along with the interest @ 6%
per annum. Subsequently, it has further been reiterated in the
case of B.M. Chitlangi V/s State of Rajasthan & Ors, In SB
Civil Writ Petition No. 11927/2010 decided on 19.4.2011,
wherein same benefit has been ordered to all the incumbents of
Jai Narain Vyas University, Jodhpur and the retired employees and
for that purpose, the University as well as the State of Rajasthan
were directed to release the funds for the purpose of making
payment of all the arrears to the petitioners arising out of fixation
under the implemention of recommendations of the of the 6 th Pay
Commission within a period of one month from the date of receipt
of certified copy of the order passed in the case of Retired
Agriculture Lecturers Employees of Agriculture University (supra).
6. Pursuant to these orders, the petitioner was granted certain
benefits but the payments were granted to him after a delay of
certain period of time. So far as the gratuity is concerned, he was
to be paid 10 lacs of Gratuity as on 01.08.2008 but the entire
payment of Gratuity was released only on 20.10.2011. Some
payment was released in the year 2009, but the entire payment
was released on 20.10.2011. Therefore, the interest has to accrue
on the payment of gratuity to the extent of approximately 1.52
lacs. Similarly commutation of pension has been paid after a delay
of almost two years. Leave encashment and arrears of 6th Pay
Commission have also been delayed. Therefore, some total of Rs.
3.63 lacs is accrued to the petitioner as interest in accordance
with the subsequent judgment of Division Bench and the learned
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Single Judge, following the Division Bench Judgment. In order to
clarify the entire position, the petitioner has produced SCHEDULE-
A along with the writ petition.
7. Learned counsel submits that although the payment of
retiral benefits have been given to the petition, but the interest on
delayed payment has yet not been paid, therefore, the action of
the respondents in not making payment to interest on account of
revision of pay scales, is highly arbitrary and unreasonable.
Hence, it is prayed that appropriate directions may be issued to
the respondents to release the interest amount accrued to the
petitioner.
8. Per contra, learned counsel for the respondents has opposed
the prayer made in the writ petition. He submits that the
petitioner has retired on 31.07.2008, however, the writ petition
has been filed only in the year 2015, i.e. after a long unexplained
delay of seven years. Hence, it is submitted that the writ petition
is liable to be dismissed on the ground of delays and laches itself.
He further submits that the petitioner is being regularly given
pension since 01.08.2008. Since there was recovery of amount of
Rs. 27,397 /- pending against the petitioner which was realized on
05.11.2009 after which commutation and gratuity was released
and hence no interest is due against the petitioner. He further
submits that the gratuity of Rs 6,50,000 /- was paid to the
petitioner on 20.10.2011. However, the old gratuity amount of Rs.
3,50,000/- has been aid to him on 05.11.2009 itself. This fact has
been communicated to the petitioner vide letter dated 01.08.2015
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in reply of Notice for Demand of Justice. With aforesaid
submissions, learned counsel for the respondents has prayed for
dismissal of the writ petition.
9. Heard learned counsel for the petitioner as well as learned
counsel appearing for the respondents and perused the material
available on record.
10. The facts of the case are largely undisputed. The petitioner
retired from the post of Associate Professor (Mathematics &
Statistics) from Jai Narain Vyas University, Jodhpur, on
31.07.2008. It is admitted that the benefit of the 6th Pay
Commission was extended to the teaching staff of the Universities
in the State of Rajasthan vide order dated 27.10.2009, with effect
from 01.01.2006. It is also not in dispute that the fixation of the
petitioner was made under the revised pay scale, and the
consequential arrears and retiral benefits such as gratuity,
commutation and leave encashment were released to him much
after his retirement.
11. The record shows that the payment of gratuity was made
partly on 05.11.2009 and the balance amount was released on
20.10.2011. Likewise, the amount of commutation and leave
encashment were also released after considerable delay. The
respondents have not placed any material to show that such delay
occurred for reasons attributable to the petitioner. The only
explanation furnished is that there was a recovery of Rs.27,397/-
pending against the petitioner, which was realized on 05.11.2009.
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However, even thereafter, the release of the remaining gratuity
amount was delayed by almost two years, for which no justifiable
cause has been shown.
12. It is settled law that retiral dues constitute the hard-earned
benefit of an employee and must be paid promptly on the date of
superannuation. Delay in payment of such benefits, without any
fault of the employee, entitles him to claim interest on the delayed
portion. The Hon'ble Supreme Court in D.D. Tiwari v. Uttar
Haryana Bijli Vitran Nigam Ltd., (2014) 8 SCC 279, has
categorically held that payment of retiral benefits after inordinate
delay amounts to denial of the right to live with dignity and the
employee is entitled to interest on such delayed payment.
13. Further, this Court, in the case of Retired Agriculture
Lecturers Employees of Agriculture University (supra), has already
directed that arrears and consequential benefits under the 6th Pay
Commission be paid to the retired employees along with interest
@6% per annum. The same view was followed in the case of B.M.
Chitlangi (supra), wherein identical directions were issued in
respect of retired employees of Jai Narain Vyas University,
Jodhpur.
14. In view of the aforesaid judgments, the controversy raised
herein is no longer res integra. The petitioner stands on the same
footing as the employees in the above-cited cases and is therefore
entitled to the same treatment. The plea of delay and laches taken
by the respondents is without substance, since the cause of action
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for non-payment of interest on retiral dues is a continuing one.
The petitioner cannot be deprived of his lawful entitlement merely
because he approached this Court at a later point of time,
especially when the delay in payment of benefits is admitted and
attributable entirely to the respondents.
15. Accordingly, this Court finds that the respondents were
duty-bound to release the retiral benefits of the petitioner along
with interest from the date such amounts became due till the date
of actual payment. Non-payment of interest on delayed retiral
dues is arbitrary and violative of Articles 14 and 21 of the
Constitution of India.
16. In light of the above discussion, the writ petition deserves to
be and is hereby allowed. The respondents are directed to
calculate and pay to the petitioner interest at the rate of 6% per
annum on the delayed payment of Gratuity, Commutation of
pension and Leave encashment, from the date of his retirement,
i.e., 31.07.2008, till the respective dates of actual payment.
17. The calculation of interest shall be made strictly in
accordance with SCHEDULE-A annexed to the writ petition, subject
to verification by the respondents.
18. The aforesaid exercise shall be completed and the due
amount of interest shall be paid to the petitioner within a period of
three months from the date of receipt of a certified copy of this
order.
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19. In case of failure to make such payment within the
stipulated period, the amount shall carry further interest at 9%
per annum from the date of default till the actual payment.
20. No order as to costs.
(FARJAND ALI),J
8-Pramod/-
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