J. R. CHOPRA, J. - (1.) HEARD & perused the record.
(2.) , The contention of the petitioner is that he retire from the post of Executive Engineer Irrigation C. A. D. Suratgarh an 30/11/83 and his case for pension was not finalised for quite sometime. Only provisional pension was paid to him from 8/10/85 and the final pension has been paid to him on 14/10/88 during the pendency of the writ petition. He has filed this writ petition on 15-7-88. Even the gratuity was not paid before 14. 10. 88 and even in paying that an amount of Rs. 5000/- has been retained by the Department and, therefore, Mr. Singhvi has prayed that interest should be allowed to him from the date the pension became due and the amount retained also should be paid with interest. The contention of Mr. Hemant Choudhary is that there were certain enquiry-proceedings pending against the petitioner at the time of the retirement. In one of them he was censured and in other his one grade increment was stopped with out cumulative effect and others have been dropped after his retirement and, therefore, his pension case could not be finalised and only provisional pension was paid and after all the proceedings were dropped his case for payment of pension was finalised and the gratuity was also paid and, therefore, there is no delay in payment of the pension. The punishment of censure does not affect the payment of pension. The stoppage of one grade increment relates to the year 1978 and that too, was without cumulative effect whereas the pension is paid on the basis of the last pay drawn. The gratuity is also paid on that basis and, therefore, they could not have affected the payment of pension to the petitioner. However, it is true that certain enquiries were pending at the time of the retirement and they could not be finalised and ultimately, keeping in view his retirement, they have been dropped. Be that as it may, in the peculiar facts and circumstances of this case, I am not inclined to award interest to the petitioner from the date the pension became due but he is entitled to interest at the rate of 12% p. a. from the date of the filing of this writ petition. This interest will be payable on the amount which was finally determined till the date the amount was finally paid i. e. 14/10/88. This interest will also be payable on the amount of the gratuity from the date of filing in this writ petition till the date of the final payment i. e. 14/10/88. The amount of Rs. 5000/-which has been retained out of the amount of the gratuity is payable to the petitioner and it shall be paid to him along with the interest at the rate of 12% p. a. from the date of the writ petition till the date of payment. These arrears along with the interest should be paid to the petitioner within a period of three months from today. The writ petition stand disposed of accordingly on merits with the aforesaid observations and directions. .;