Central Administrative Tribunal - Chandigarh
Ajit Singh vs M/O Defence on 17 August, 2023
1- M.A. No. 185/2021 in
O.A. No. 433/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Misc. Application No. 060/185/2021 in
Original Application No.060/433/2019
Order Pronounced on:17.08.2023
Reserved on: 25.07.2023
CORAM: HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
Ajit Singh s/o Sh. Shamsher Singh, Retired Daftry Age 59 years R/o
Village Pipal Majra PO Chamkaur Sahib Tehsil & District Ropar.
....Applicant
(By Advocate: Ms. Aruna Sachdeva)
Versus
1. Union of India through its Secretary, Ministry of Defence, 10/A South
Blocki, Nirman Bhawan, New Delhi-110011.
2. The Chief Engineer, Head Quarter, Western Command,
Chandimandir, Panchkula - 134107.
3. The G.E. Military Engineer Services, 12 Wing Airforce, Chandigarh-
160003.
... .Respondents
(By Advocate: Mr. Mukesh Kaushik)
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Misc. Application has been filed by the applicant seeking execution of order dated 04.02.2020 passed by this Tribunal in O.A. No. 060/433/2019.
2. The Original Application No. 060/433/2019 was disposed of on 04.02.2020 by this Tribunal with the direction to the respondents to pay 2- M.A. No. 185/2021 in O.A. No. 433/2019 interest to the applicant on the withheld dues of gratuity, leave encashment and pension at the rates admissible on the GPF amount at that point of time. The applicant submitted that he waited for nearly six months and then submitted a representation and reminder and then an implementation notice dated 06.07.2020 to which the respondents replied vide letter dated 10.07.2020 mentioning that due to Covid-19, sanctions are awaited from the higher authority.
3. Learned counsel for the applicant contended that the order dated 04.02.2020 of this Tribunal has not been implemented till date.
4. Upon notice, the respondents have filed compliance report wherein it has been stated that the order dated 04.02.2020 in O.A. No. 060/433/2019 has been duly complied with as the respondents have issued PPO amounting to Rs.73421/- on account of interest on delayed payments.
5. The applicant has filed rejoinder stating that the respondents have not paid interest on the commuted pension amounting to Rs.662984/- which was paid to him on 17.01.2019, after more than two years of retirement. Reliance has been placed upon a judgment dated 12.05.2011 of the Hon'ble High Court of Judicature at Madras in the case of Dr. S. Loganathan Vs. Tamil Nadu Agricultural University and Others (W.P. No. 39320 of 2005 decided on 12.05.2011) in support of the averment that commutation of pension is also a part of pension and the respondents are liable to pay interest on that amount as well.
6. I have gone through the pleadings and considered the matter.
3- M.A. No. 185/2021 in O.A. No. 433/2019
7. This Tribunal while holding the respondents liable for delay in payment of retiral benefits awarded interest to the applicant at the rates admissible on the GPF amount. The operative part of the order dated 04.02.2020 is extracted hereunder:-
"Considering the factual scenario in the present case, it is not in dispute that the applicant has not been paid his dues due to him on 31.07.2017 till the issue of his PPO i.e. on 28.01.2019 vide communication of the same date. Thus, the respondents are at fault for that for which the applicant could not be made to suffer. Therefore, respondents are directed to pay interest to the applicant on the withheld dues of Gratuity, Leave Encashment and pension at the rates admissible on the GPF amount at that point of time. "
From the perusal of the order of the Tribunal, it is clear that the direction was to grant interest on all the withheld dues of Gratuity, Leave Encashment and pension. It is obvious from the records that the payment of commuted value of pension has also been delayed, therefore, the respondents are liable to pay interest on that amount as well since commuted pension is a part of pension. However, the respondents have paid interest for delayed payment of all other retiral benefits except the commuted value of pension. Therefore, I am of the view that the order of this Tribunal has not been fully complied with, as claimed by the respondents in the compliance affidavit. The respondents are directed to pay interest on the commuted value of pension for the period it was delayed at the GPF rates admissible at that point of time. The orders be complied with within a period of two 4- M.A. No. 185/2021 in O.A. No. 433/2019 months from the date of receipt of a certified copy of this order. The Misc. Application stands disposed of with the above directions.
(SURESH KUMAR BATRA) MEMBER (J) 'mw'