JAISHREE THAKUR - (1.) The petitioner has filed the present writ petition seeking a direction for release of interest on late payment of retiral benefits along with correction value of commutation of pension and to release the value of pension by considering the age of the petitioner on the date of retirement, i.e. 5.7.2010.
(2.) The petitioner joined service of the State of Rajasthan on 13.11.1978 and was thereafter promoted in the Rajasthan Administrative Service. On completion of service, the petitioner working in Senior School of Rajasthan Administrative Service and sought voluntary retirement on 5.10.2010. On 17.6.2009, a charge-sheet was served under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. In response to the charge-sheet, the petitioner submitted a written statement denying all the charges levelled against him. On account of certain family circumstances, the petitioner served notice dated 3.3.2010 for voluntary retirement under Rule 50 of the Rajasthan Civil Services Pension Rules, 1996. The same was accepted vide order dated 30.6.2010 and the petitioner was ordered to be retired with effect from 5.7.2010 keeping the enquiry pending. The petitioner on retirement was entitled to all retiral benefits including pension, retiral gratuity and encashment of un-utilized privilege leave, but on account of the pendency of the disciplinary proceedings, the retiral benefits were with held by the respondents. Several requests were made for release of pension and, ultimately, provisional pension was allowed by PPO No. 773676 (R) dated 19.7.2011 and the same was made to the petitioner on 11.8.2011. As the disciplinary proceedings were continuing against the petitioner, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 6900/2012 praying for dropping of the proceedings initiated against him. This Court vide judgment dated 6.11.2012 allowed the writ petition by quashing the proceedings and further gave a direction to the respondents to settle all post retiral benefits of the petitioner expeditiously as far as possible on or before 31.1.2013. After the aforesaid judgment was passed by this Court, the petitioner again submitted three sets of pension papers and requested the respondents to settle all post retiral benefits together with interest on delayed payment of retiral benefits in terms of Rule 89 of the Pension Rules.
(3.) Since the retiral benefits were not allowed to the petitioner, he again submitted representation dated 5.3.2013 and thereafter issued a legal notice on 11.4.2013 and, ultimately, the respondents sanctioned retiral benefits in favour of the petitioner in the first week of June, 2013 without affording any interest on the delayed payment of retiral benefits. Gratuity payment order was also issued on 5.6.2013 whereby gratuity of Rs. 7,92,396/- was sanctioned in favour of the petitioner. The petitioner has submitted an application for commutation of pension in the prescribed form and the commutation of pension was sanctioned on 7.6.2013 and pursuant thereto, a sum of Rs. 5,48,931/- was paid to the petitioner in June, 2013. The commutation was allowed to the petitioner considering the age of the petitioner as on the date of sanction. The petitioner was also entitled for leave encashment for un availed privilege leave and the same has not been paid to him. Aggrieved against the non-release of retiral benefits, wrong calculation of value of commutation, denial of interest of delayed payment etc., the present writ petition has been filed.;