Central Administrative Tribunal - Delhi
Sant Prashad Alagh vs Municipal Corporation Of Delhi on 20 March, 2024
1
Item No. 21/ Court No.4. O.A. No. 3742/2023.
Central Administrative Tribunal
Principal Bench, New Delhi
O.A No. 3742/2023.
This the 20th day of March, 2024.
Hon'ble Dr. Anand S Khati, Member (A).
Sant Prashad Alagh, Retd. EMD (Electric Motor
Driver), Office of the Assistant Engineer (Elect),
Electrical Department/Civil Lines-EE(E-II), MCD,
New Delhi, R/o B-1, Shanker Garden, Najafgarh
Road, Near Mittal Hardware, Vikaspuri, New Delhi-
110018.
...Applicant
(By Advocate: Mr. Gagan Palta for Mr. Yogesh Kr.
Mahur)
Versus
1. The Commissioner, Municipal Corporation Delhi,
4th Floor SPM, Civic Centre, Minto Road, New Delhi-
110002.
...Respondent
(By Advocate: Mr. Harsh Chaudhary for Ms. Manisha
Tyagi)
2
Item No. 21/ Court No.4. O.A. No. 3742/2023.
O R D E R (ORAL)
The applicant who was working with the respondent retired as Electric Motor Driver on 30.04.2023. Subsequent to his superannuation, he became eligible for retiral benefits w.e.f 30.04.2023 but the same have not been paid to him yet. Gratuity and Commutation of pension amounting to Rs. 11,12,925/- & 9,34,116/- respectively are pending for settlement.
2. The learned counsel for the applicant has placed reliance on order passed by a coordinate Bench of this Tribunal in OA No. 1147/2022 dated 19.09.2022. He also invited my attention to an order dated 12.01.2024, passed by the Principal Bench of this Tribunal in the matter of Jaipal vs. Municipal Corporation of Delhi & Ors. (OA NO. 2940/2023, wherein the respondents were directed to pay the interest for the delayed payment of retiral benefits @ 12% per annum as early as possible. Further, he invited my attention to the orders dated 24.01.2014 & 05.12.2023 passed in OA 3 Item No. 21/ Court No.4. O.A. No. 3742/2023.
No. 488/2019 & OA No. 262/2023, respectively, wherein similar directions have been issued as in OA No. 2940/2023.
3. Learned counsel for the respondents submits that bills in respect of the retiral benefits have already been passed but payments are pending on account of deficiency of funds and all the retiral dues will be settled in due course.
4. Perusing the pleadings available on record, the arguments advanced by the learned counsels for the respective parties and the orders/judgments relied upon by the learned counsel for the applicant, I find no reason to take a different view, as referred to above.
5. Accordingly, the respondents are directed to pay the remaining retiral benefits to the applicant with interest at the rate of 12% per annum for the delayed payments as expeditiously as possible and preferably within 4 Item No. 21/ Court No.4. O.A. No. 3742/2023.
a period of three months from the date of receipt of a certified copy of this order.
6. The OA is disposed of in the aforesaid terms. No costs.
(Dr. Anand S. Khati) (Member A) /abhay/