Mohammad Rafiq, J. - (1.) PETITIONER has filed this petition with prayer that Respondents be directed to pay him interest at rate of 18% per annum on all his retiral dues with effect from 01.04.2000 till actual payment was made.
(2.) CONTENTION of learned Counsel for Petitioner is that Petitioner was serving Respondents on post of Senior Medical Officer. He submitted an application on 17.11.1999 seeking voluntary retirement with effect from 25.03.2000. When application was not accepted for quite some time, he approached this Court by filing Writ Petition No. 3496/2000; that writ petition was decided on 05.07.2001 with direction to Respondents to pass appropriate order on said application of Petitioner and his notice demand of justice within a period of two months. When compliance of that judgment was not made, Petitioner filed Contempt Petition No. 170/2002. It was thereafter that when notice of contempt petition was issued to Respondent, Respondents passed order dated 29.05.2002 accepting application of Petitioner for voluntary retirement under Rule 50 of Rajasthan Civil Services (Pension) Rules, 1996, with effect from 25.03.2000 as originally prayed. Pension Payment Order and Gratuity Payment Order were issued to Petitioner even thereafter on 09.12.2002 and leave encashment payment order was passed on 27.02.2003. According to Rule 89 of the Rules of 1996 Petitioner is entitled to interest at 9% per annum for period of delay in payment of aforesaid amount from date of retirement. Delay in present case is not attributable to Petitioner because his prayer seeking voluntary retirement was never turned out by Respondent and that thereafter it was decided by Respondents with effect from 25.03.2000, the date originally prayed for that too after judgment of this Court.
(3.) SHRI S.D. Khaspuria, learned Deputy Government Counsel appearing on behalf of Respondents, opposed writ petition and submitted that application of Petitioner for voluntary retirement was rejected by the Department for reason that departmental enquiry was pending against him. It is submitted that in any case the voluntary retirement of Petitioner was accepted by order dated 29.05.2002 therefore interest can be claimed only from this date and that too after excluding grace period of 60 days which envisaged in Rule 89 of the Rules of 1996. Learned Counsel submitted that mere fact that order accepting voluntary retirement has been made effective from 25.03.2000 would not be changed in the situation. Virtually such order has been passed on 29.05.2000.;