- (1.) This petition alleges non compliance with the order dated 14-9-2011 passed in S.B. Civil Writ Petition No.12884/2010.
(2.) The petitioner who was a Junior Specialist with the Medical and Health Department, sought voluntary retirement under the Rajasthan Civil Service (Pension) Rules, 1996 (hereinafter the Rs. 1996 Rules'). A dispute with regard thereto arose and the question was whether the petitioner's voluntary retirement was effective 1-8-2010 for failure of the competent authority to reject the application within three months of the request for voluntary retirement. This court in writ petition No.12884/2010 vide order dated 14-9-2011 allowed the writ petition holding that the petitioner stood automatically retired w.e.f. 1-8-2010 in pursuance to Rule 50(2) of the 1996 Rules. The order dated 4-8-2010 contrary thereto issued by respondents refusing to accept the petitioner's voluntary retirement was set aside. The petitioner was held entitled to consequential benefits" flowing from his voluntary retirement effective 1-8-2010 as found by this court.
(3.) Consequent to the petitioner's voluntary retirement effective 1-8-2010 he was paid retiral benefits but only in January, 2014, after an inordinate delay of about three years. The petitioner claims interest on the amount of retiral benefits three months following 1-8-2010 upto January, 2014 (when he was paid the retiral benefits) as per the provisions of Rule 89 of the 1996 Rules. No payment of interest or delayed payment of retiral benefits in spite of direction of consequential benefits is stated to be "willful default" and hence contempt of the court's order dated 14-9-2011.;