Section 89 in Rajasthan Civil Services (Pension) Rules, 1996
89. [ Interest on delayed payment of retiral benefits. [The existing rule 89 substituted vide FD Notification No.F.15(3)FD(Rules)/97 Pt-II dated 12.6.2001.]
- [(1) If the payment of retiral benefits has been authorised after 60 days from the date when its payment became due, and it is established that the delay in payment was not on account of failure on the part of the Government servant in compliance of the procedure laid down in this chapter or elsewhere in these rules, interest @ 9% per annum from the date retiral benefits become due would be payable till the end of the month preceeding the month in which the retiral benefits are authorised.](2)Every case of delayed payment of retiral benefits shall, suo moto, be examined by the Head of Office and shall be forwarded to the Administrative Department through the Head of the Department, and where the Administrative Department is satisfied that the delay in the payment of retiral benefits was caused on account of administrative lapse or inaction, the Administrative Department concerned shall issue sanction for the payment of interest to the Director, Pension Department.(3)In all cases, where payment of interest has been authorised, the Administrative Department concerned shall fix responsibility and take disciplinary action under the Rajasthan Civil Services (C.C.A.) Rules, 1958 against the Government servant(s) who is/are found responsible for the delay in the payment of retiral benefits and shall recover the loss caused to the Government due to payment of interest to the pensioner from the Government servant(s) held responsible.(4)In the order for payment of interest, the Administrative Department shall also mention the name(s) of officer(s)/official(s) responsible for delay and the amount of interest recoverable from him/them.(5)If as a result of Government's decision taken subsequent to the retirement of a Government servant, the amount of retiral benefits already paid on his retirement is enhanced on account of -(a)grant of emoluments higher than the emoluments on which retiral benefits, already paid, were determined, or(b)liberalisation in the provisions of these rules from a date prior, to the date of retirement of the Government servant concerned.No interest on the arrears of retiral benefits shall be paid.(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 : -
