Smt. Shanti Panchal vs State of Rajasthan and Another

By the Court. The petitioner has filed this special appeal against the order passed by learned Single Judge dt. 20th February, 1992.

The petitioner filed a writ petition before this Court praying that she may be paid all her post-retiral benefits i.e. pension, gratuity etc.

The petitioner appellant was in service of Government of Rsjsthan and she retired as a Headmistress of Govt. Higher Secondary School, Gulabpura, Bhilwara w.e.f. 30th June, 1984, but her pension and post-retiral benefits were not given to her. Therefore, she filed this writ petition. During the pendency of the writ petition, her pension was released and the post retiral benefits were paid to her on 30th June, 1987, but the learned Single Judge has not granted any interest for wrongly withholding her pension and gratuity and other post retiral benefits.

We have gone through the order of the learned Single Judge and the writ petition filed by the petitioner-appellant.

It is unfortunate that this has become now the practice that when a Government servant after serving a long service, his/her pension and post retiral benefits are not paid in time. While as per the Rajasthan Service Rules, rule 286, it is the duty of the State to release the pension of the petitioner forthwith from the date of the retirement but still the petitioner had to file a writ petition for her post retiral benefits and same was released to her after three years of her retirement. This kind of heartlessness on the part of the respondents cannot be countenanced.

It is directed that the Director of Education shall enquire into the matter that who is the responsible for this kind of lapse. A proper enquiry should be conducted and the person who is responsible for this kind of lapse should be taken to task. Whatever loss is incurred to State in terms of interest, which will have to be paid to petitioner should be recovered from delinquent, who is found guilty after inquiry.

However, petitioner has been wrongly denied the benefits of her pension and gratuity etc. and same was released on 30th June, 1987. Therefore, in the facts and circumstances of this case, it is directed that the petitioner shall be paid the interest on the pension as well as amount of gratuity from the date of her retirement i.e. 30th June, 1984 till 30th June, 1987 on the amount due @ 12% per annum. This should be done within a period of three months from today. The appeal is accordingly disposed off.

A copy of this order should be sent to the Secretary and the Education Commissioner, Govt. of Rajasthan.