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S.B. CIVIL WRIT PETITION NO.5953/2007
Krishana Dutt Sharma
Vs.
State of Rajasthan and Ors.
DATE OF ORDER : 14.10.2009
HON'BLE MR. GOVIND MATHUR, J.
Mr. MS Godara, for the petitioner.
Mr. IS Pareek, Dy.G.C. For the respondents.
By this petition for writ, a claim is made by the petitioner
for grant of salary for the period he remained under suspension
i.e. from 8.8.1998 to 20.6.2006. A claim is also made by the
petitioner for grant of retiral benefits which were not allowed to
him because of pendency of trial before the competent court for
the offences punishable under some provisions of the Indian
Penal Code and also Prevention of Corruption Act, 1988. The
petitioner was subsequently acquitted from all the criminal
charges.
It is stated by the learned counsel for the respondents that
whatever amount for which petitioner was entitled has already
been paid and this fact has not been disputed by the learned
counsel for the petitioner. However, it is stated by him that in
view of sub-rule (1) of Rule 89 of the Rajasthan Civil Services
(Pension) Rules, 1996 (for short ‘the Rules of 1996’ hereinafter),
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the petitioner is entitled for interest @ 9% p.a. as the retiral
benefits were paid to him after lapse of sixty days from the date
those become due.
So far as claim of the petitioner with regard to payment of
salary and retiral benefits is concerned, that has already been
satisfied by the respondents. The only issue now survive is in
regard to his entitlement for interest on delayed payment of
pension.
This petition for writ is disposed of with a direction to the
respondents to consider and take appropriate decision as per the
Rules of 1996 for grant of interest. The issue regarding grant of
interest is required to be decided by the respondents within a
period of three months from today.
No costs.
(GOVIND MATHUR)J.
rm/