Section 89(6) in Rajasthan Civil Services (Pension) Rules, 1996
(6)In case any delay is caused in the Pension Department, responsibility shall be fixed for such delay and suitable action taken against such erring official(s) to recover the interest paid to the pensioner.Notes. - (i) The payment of retiral benefits becomes due on the date of retirement and in the case of death while in service, from the date of application for payment of respective retiral benefits.(ii)In case of Government servants against whom disciplinary/judicial proceedings are pending on the date of retirement, no retiral benefits be paid except provisional pension, until the conclusion of the proceedings and the issue of the final orders thereon. The retiral benefits, if allowed to be drawn by the competent authority on the conclusion of the proceedings, will be deemed to have fallen due on the date of issue of orders by the competent authority.][Government of Rajasthan's Decision [Inserted vide FD Circular No.F.15(3)FD(Rules)/97 dated 24.2.2001.]In the judgement pronounced by the Hon'ble Rajasthan High Court on 12.9.1997 in D.B. Civil Special Appeal (Writ) No.297/1995 and others, it has been ordered that in the eventuality of a delay in the payment of retial benefits, without sufficient reason, the retiring employees shall be entitled to receive interest thereon @ 12% per annum, for the period commencing from 60 days after the date of such retiral benefits becoming due, upto the date of authorisation of such benefits to the employee by the Director, Pension Department. It has been ordered further that such interest shall be recoverable personally from the concerned Head of Department/other officer held responsible for the delay.The Rajasthan Civil Services (Pension) Rules, 1996 has already provided for the procedure and the calendar for sanction and authorisation of pension and gratuity to retired employees. Rule 80 of the said rules very clearly provides that every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement whichever is earlier. The rules further spell out the various stages for completion of the pension papers. These rules also provide that the Head of Office shall forward to the Director, Pension Department, Rajasthan Form 5 and 7 duly completed with a covering letter in Form 8 alongwith Service Book of the Government servant duly completed, upto date, and any other document relied upon for the verification of the service. This must be done by the Head of Office not later than 6 months before the date of retirement of the Government servant. Once this is done in time, it will become duty of the Director, Pension Department to ensure that all formalities are completed and necessary orders issued before the date of superannuation of the employee.The matter has been considered by the Government in the light of the orders of the Hon'ble High Court mentioned above and, in addition to the procedure already laid down under the Rajasthan Civil Services (Pension) Rules, 1996, the following guidelines are further issued for strict compliance : -
