Central Administrative Tribunal - Lucknow
Kaushalya Nandan Sharan Verma vs Union Of India on 14 October, 2022
CAT Lucknow Bench- OA No. 332/00515/2018-K N S Verma vs. UoI & Ors
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
LUCKNOW
Original Application No. 332/00515/2018
This, the 14th day of October, 20222
HON'BLE MR. DEVENDRA CHAUDHRY, MEMBER (A),
Kaushalya Nandan Sharan Verma, aged about 68 years, Son of Late
R.A. Verma, Resident of -K- 1094, Ashiyana, Kanpur Road,
Lucknow.
..Applicant
By Advocate: Shri Raj Singh.
VERSUS
1. Union of India through- General Manager, Northern Railway,
Baroda House, New Delhi.
2. The Divisional Railway Manager (P), Northern Railway, Lucknow
Division, Lucknow.
3. The Finance & Account & Chief Accounts Officer, Baroda House,
New Delhi.
4. The Senior Divisional Finance Manager, Northern Railway,
Northern Railway, Hazratganj, Lucknow.
..Respondents
By Advocate: Shri Ram Bilash Verma for Shri Alok Shukla
O R D E R (Oral)
Per Hon'ble Mr. Devendra Chaudhry, Member (A) Matter taken up.
2. Heard ld counsel for the parties and perused the records carefully.
3. The matter is extremely short.
4. The applicant has pleaded for grant of interest on delayed release of DCRG benefits which was due on 01.02.2012 but has been paid on 28.06.2018. Rule 65 of CCS (Pension), Rules, Page 1 of 5 CAT Lucknow Bench- OA No. 332/00515/2018-K N S Verma vs. UoI & Ors 2021 provides as under:
"65. Interest on delayed payment of gratuity, pension and family pension.-
(1) In all cases where provisional pension or provisional family pension or provisional gratuity has not been sanctioned in accordance with these rules or where the payment of pension or family pension or gratuity has been authorised later than the date when its payment becomes due, including in the cases of retirement otherwise than on superannuation, and it is clearly established that the delay in payment was attributable to administrative reasons or lapses, interest shall be paid on arrears of pension or family pension or gratuity at the rate and in the manner as applicable to General Provident Fund amount in accordance with the instructions issued from time to time: Provided that no interest under this sub-rule shall be payable if the delay in payment was caused on account of failure on the part of the Government servant or the pensioner or the member of the family of the Government servant to comply with the procedure laid down by the Government for processing the pension or family pension case.
(2) Every case of delayed payment of pension or family pension or gratuity (including provisional pension or family pension or gratuity) in respect of employees of a Ministry or Department and the employees of its attached and subordinate offices shall be considered by the Secretary of that Ministry or Department or any other officer, not below the level of Joint Secretary to the Government of India, authorised by him for this purpose, and where the Secretary or the officer authorised by him is satisfied that the delay in the payment of pension or family pension or gratuity was caused on account of administrative reasons or lapse, the said Secretary or the officer authorised by him shall sanction payment of interest.
(3)(a) The administrative Ministry or the Department or the office shall issue sanction for the payment of interest after the Secretary or the officer authorised by him has sanctioned the payment of interest under sub-rule (2).
(b) The payment of interest on delayed payment of gratuity or pension or family pension shall be paid within two months from the date on which payment of interest has been sanctioned by Secretary or the officer authorised by him.
(4) In all cases where the payment of interest has been sanctioned by the Secretary of the administrative Ministry or the Department or the officer authorised by him, such Ministry or the Department or Office shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity or pension or family pension on account of administrative lapses:
Provided that payment of interest under sub-rule (3) shall be made without waiting for the outcome of the disciplinary proceedings, if any.Page 2 of 5
CAT Lucknow Bench- OA No. 332/00515/2018-K N S Verma vs. UoI & Ors (5) Without prejudice to the generality of the provisions of sub-rule (1), the period for which interest shall be payable for the delay in payment of pension or gratuity shall be determined in the following manner, namely:-
(a) In the case of a Government servant who retires on superannuation, interest shall be payable from the date following the date of expiry of a period of three months from the date of retirement, up to the date of payment of arrears of pension or gratuity or both;
(b) In the case of a Government servant who retires or is retired otherwise than on superannuation or is absorbed in a public sector undertaking or an autonomous body or dies during service or after retirement, interest shall be payable from the date following the date of expiry of a period of three months from the date of retirement or absorption or death, as the case may be, up to the date of payment of arrears of pension or gratuity;
(c) In the case of a Government servant to whom provisional pension was paid and retirement gratuity was not paid on retirement in accordance with clause (c) of sub-rule (4) of rule 8 on account of departmental or judicial proceedings pending against him on the date of retirement and who is exonerated of all charges on conclusion of such departmental or judicial proceedings, interest shall be payable on retirement gratuity and arrears of pension, if any, from the date following the date of expiry of a period of three months from the date of retirement up to the date of payment of arrears of pension and gratuity;
(d) In the case of a Government servant to whom provisional pension was paid and retirement gratuity was not paid on retirement in accordance with clause (c) of sub-rule (5) of rule 8 on account of departmental or judicial proceedings pending against him on the date of retirement and despite him not having been fully exonerated of all charges on conclusion of such departmental or judicial proceedings, the competent authority decides to allow payment of pension and retirement gratuity, either in full or in part, interest shall be payable on retirement gratuity and arrears of pension, if any, from the date of expiry of a period of three months from the date on which the order for payment of pension and gratuity is issued by the competent authority up to the date of payment of pension and gratuity.
(e) In the case of a Government servant to whom provisional pension was paid and gratuity was not paid on retirement in accordance with clause (c) of sub-rule (5) of rule 8 on account of departmental or judicial proceedings pending against him on the date of retirement and such departmental or judicial proceedings are dropped consequent on his death, interest shall be payable on arrears of pension, family pension and gratuity from the date of expiry of a period of three months from the date of death up to the date of payment of such arrears of pension, family pension and gratuity.
(f) Where arrears of pension or gratuity become payable to a Government servant Page 3 of 5 CAT Lucknow Bench- OA No. 332/00515/2018-K N S Verma vs. UoI & Ors on account of enhancement of the amount of pension authorised or the amount of gratuity paid on retirement consequent on retrospective revision of emoluments or liberalisation in the provisions relating to grant of pension or gratuity, interest shall be payable on arrears of pension or gratuity to the Government servant from the date of expiry of a period of three months from the date of issue of the order revising the emoluments or liberalising the provisions relating to grant of pension or gratuity, as the case may be, up to the date of payment of arrears of pension or gratuity.
5. As may be seen above, Rule 65 (1) reads with Rule 65(2), it is clearly provided that every case of delayed payment of pension or family pension or Gratuity on account of administrative lapses in respect of employees of a Ministry or Department and the employees of its attached and subordinate offices shall be considered for sanction of payment of interest with respect to the withheld Pension/Gratuity, this Tribunal vide order dated 11.03.2016 has held as under:
"12. Based on the discussions above, the following conclusion is arrived at:
(a) The applicant is entitled to salary for the period 01.02.2010 to 31.01.2012.
(b) No recovery is to be made against salary paid for the period of 01.02.2010 to 31.01.2012.
(c) Any recovery made against salary drawn between 01.02.2010 to 31.01.2012 is to be refunded.
(d) The applicant is entitled to pensionary benefits as due on his actual date of retirement i.e. 31.01.2010.
(e) All retiral dues including PPF, DCRG, commuted pension etc. are to be paid to the applicant on the basis of post/pay as held on 31.01.2010.
13. The matter is remanded to the respondents to pass fresh orders including revised PPO as per direction given above. The entire action is to be completed within four months from the date of receipt of certified copy of this order."
Therefore, there is no lapse on part of employee-applicant. Hence per Rule 65(1) and 65(2), the lapse has to be accounted for at the door of the respondents per order of this Tribunal Page 4 of 5 CAT Lucknow Bench- OA No. 332/00515/2018-K N S Verma vs. UoI & Ors aforesaid.
6. In view of above, OA is worthy of being allowed and is allowed, whereby respondents are directed to pay the interest on Pension and Gratuity due @ GPF rate from its due date i.e. 01.02.2012 to 28.06.2018 within three months from the date of receipt of a certified copy of this order. Failure to do so could expose the respondents to very stern action by the Tribunal.
7. There shall be no order on costs.
Pending MAs, if any, shall stand disposed of.
(Devendra Chaudhry) Member (A) JNS Page 5 of 5