Vijay Bishnoi, J. - (1.) THE petitioner, who was superannuated from the post of Additional District and Sessions Judge on 31.01.2010, has filed this writ petition while praying following reliefs: - - "(I) the respondents may kindly be directed to release the petitioner's retiral dues in accordance with the provisions of Rajasthan Civil Service Pension Rules, 1996 alongwith an interest as is permitted by the Rajasthan Civil Service Pension Rules, 1996. (II) Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner. (III) Writ petition filed by the petitioner may kindly be allowed with costs." It is not in dispute that during the pendency of the writ petition, all retiral benefits including gratuity, leave encashment etc. have been granted to the petitioner vide order dt. 23.03.2011. However, the learned counsel for the petitioner has claimed that since the retiral benefits have been granted to the petitioner with a delay of about 14 months, he is entitled to get interest on the delayed payment of retiral benefits as per Rule 89 of the Rajasthan Civil Services Pension Rules, 1996 (hereinafter referred to as 'the Rules of 1996').
(2.) THE facts which are not in dispute are that initially the petitioner was appointed as APP Grade -II on 11.05.1981 and while in service, he appeared in Rajasthan Judicial Service Examination and on being selected as a Member of Rajasthan Judicial Service, he was relieved from the post of APP Grade -II on 05.08.1989. The petitioner joined as a Member of Rajasthan Judicial Service on 07.08.1989 and was retired from the post of Additional District and Sessions Judge on 31.01.2010. The pension case of the petitioner was dealt with by the Pension Department, however, an objection was raised to the effect that there was a break of one day in the service of the petitioner between joining from the post of APP Grade -II to the post of Member of Rajasthan Judicial Service. The Registrar General of Rajasthan High Court wrote a letter dt. 12.08.2010 to the Law Secretary, Government of Rajasthan with request to condone the break of one day in service of the petitioner. The respondent No. 1 vide order dt. 23.12.2010 has condoned one day's break in service of the petitioner and thereafter the retiral benefits were released to the petitioner on 23.03.2011. The Rule 89 of the Rules of 1996 reads as under: - - "89. Interest on delayed payment of retrial benefits. - -(1) if the payment of retiral benefits has been authorised after 60 days from the date when its payment became due, and it is established that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down in this Chapter or elsewhere in these rules, interest @ 9 % per annum from the date retiral benefits become due would be payable till the end of the month preceding the month in which the retiral benefits are authorised. (2) Every case of delayed payment of retiral benefits shall, suo moto, be examined by the Head of Office and shall be forwarded to the Administrative Department through the Head of Department, and where the Administrative Department is satisfied that the delay in payment of retiral benefits was caused on account of administrative lapse or inaction, the Administrative Department concerned shall issue sanction for the payment of interest to the Director, Pension Department. (3) In all cases, where the payment of interest has been authorised, the Administrative Department concerned shall fix responsibility and take disciplinary action under the Rajasthan Civil Services (C.C.A.) Rules, 1958 against the Government servant(s) who is/are found responsible for the delay in the payment of retiral benefits and shall recover the loss caused to the Government due to payment of interest to the pensioner from the servant(s) held responsible. (4) In the order for payment of interest, the Administrative Department shall also mention the name(s) of officer(s)/official (s), responsible for delay and the amount of interest recoverable from him/them. (5) If, as a result of Government's decision taken subsequent to the retirement of a Government servant, the amount of retrial benefits already paid on his retirement is enhanced on account of: - - (a) grant of emoluments higher than the emoluments on which retiral benefits, already paid, were determined, or (b) liberalisation in the provisions of these rules from a date prior to the date of retirement of the Government servant concerned, no interest on the arrears on retiral benefits shall be paid. (6) In case any delay is caused in the Pension Department, responsibility shall be fixed for such delay and suitable action taken against such erring official(s) to recover the interest paid to the pensioner." From the reading of Rule 89 of the Rules of 1996, it is clear that for the purpose of awarding interest on the delayed retiral benefits, two conditions must be established, (i) that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down; (ii) that the delay in payment of retiral benefits was caused on account of administrative lapse or inaction on the part of the Administrative Department concerned.
(3.) IN the present case, we find that there was a break of one day in the service of the petitioner and the same was condoned by the respondent No. 2 on 23.12.2010 in pursuant to a request made by the Registrar General of the High Court on 12.08.2010 and retiral dues were granted to the petitioner on 23.03.2011. It is not the case of the petitioner that during his service period, he had ever attempted for condonation of break of one day in his service and the same has not been done by the Administrative Department.;