Central Administrative Tribunal - Ernakulam
The Controller Of Communication ... vs P.S. Radhakrishnan Nair on 30 October, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Review Application No. 31/2012
i n
Original Application No. 587/2010
Tuesday, this the 30th day of October, 2012
CORAM:
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1. The Controller of Communication Accounts,
Kerala Circle, Thiruvananthapuram: 695033
2. Union of India, represented by
The Secretary,
Department of Telecommunications,
Sanchar Bhavan, New Delhi. ... Review Applicants
(By Advocate Mr. Millu Dandapani, ACGSC)
v e r s u s
1. P.S. Radhakrishnan Nair,
(Retired Deputy General Manager (Vigilance)
O/o. CGMT, BSNL, Thiruvananthapuram),
T.C.22/584(3), KMRA-24,
Konchiravila, Manacaud,
Thiruvananthapuram - 695 001
2. The Chief General Manager,
Office of the CGMT, BSNL,
Thiruvananthapuram : 695 033 ... Respondents
(By Advocate Mr. Vishnu Chempazhanthiyil for R1
Mr. N. Nagresh for R2 )
This Review Application having been heard on 12.10.2012, the
Tribunal on 30.10.12 delivered the following:
O R D E R
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER The O.A. No. 587/2010 was allowed as under :
"8. The respondents 1 and 2 are directed to pay the interest @ 9% per annum to the applicant on the amount of RS. 94,988/- for the period from 20.03.2009 to 02.09.2010 within a period of 60 days from the date of receipt of a copy of this order. Penal interest @12% per annum should be paid to the applicant for the period of delay, if any, beyond the period stipulated. The amount of such penal interest should be recovered from the officer responsible for the delay.
9. The O.A. is allowed as above with no order as to costs."
2. M.A. No. 533/12 in R.A. No. 31/12 in O.A. No. 587/2010 is allowed for the reasons stated therein.
3. The review applicants submitted that the stepping up of pay allowed to the applicant in O.A. no. 587.2010 was not actually an intended benefit and was withdrawn subsequently. But the benefit already allowed was not withdrawn. The consequential revision/arrears of pensionary benefits are due only on technical grounds, therefore, the direction given by this Tribunal to pay interest on such arrears for the delay merits to be reviewed. There is no provision in the rules for payment of interest on arrears of pension and on the commuted value of pension. The review respondent (applicant in OA) is not actually entitled for interest as per rules.
4. The review respondent in his reply statement submitted that the letter dated 19.01.1996 at Annexure RA3 showed that the benefit of stepping up of pay stands withdrawn with immediate effect, i.e. with effect from the date of order dated 05.09.2006. It does not mean that all the cases settled prior to withdrawal should be reopened. The review applicants have no case that Annexure R-3 was not in their knowledge and, therefore, could not be brought to the notice of this Tribunal while filing the reply statement. The Hon'ble Supreme Court in (2008) 2 ILR 677 has held that the pensioner is entitled to claim interest from State on the basis of statutory rules or administrative instructions and in its absence relying on Articles 14, 19 and 21 of the Constitution of India.
5. Heard the parties.
6. If there is no provision in the rules for payment of interest for the delay in payment of arrears of pension and the commuted value of pension, the declared law of the land is that the pensioner is entitled to interest on delayed payment of pensioonary benefits relying on Articles 14,19 and 21 of the Constitution of India. The applicant was denied the benefit inspite of the clarification by the BSNL that he was entitled for the same. The argument that the arrears of pensionary benefits being due only on technical ground, the direction given by this Tribunal to pay interest on such arrears for the delay deserves to be reviewed, is not a good enough reason to review the order dated 04.11.2011 in O.A. No. 587/2010.
7. In view of the above, the R.A is dismissed.
(Dated, the 30th October, 2012)
(K. GEORGE JOSEPH)
` ADMINISTRATIVE MEMBER
cvr.