Central Administrative Tribunal - Chandigarh
Kamal Kumar vs D/O Post on 20 May, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A.No. 060/103/2021
Pronounced on : 29.05.2025
(Reserved on : 20.05.2025)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
Kamal Kumar, aged about 61 years, son of Shri Om Parkash
r/o House No.13/519-2, Khanna Colony, Sirsa, District Sirsa-
125055. Group 'C'.
...Applicant
(Advocate: Sh. Sushil Kumar Verma through VC
VERSUS
1. Union of India through Deputy Director General
(Establishment) Dak Bhawan, Parliament Road, New
Delhi-110116. [email protected]
2. Chief Postmaster, Haryana Circle, Ambala Cantt.
Ambala, District Ambala-133001.
[email protected].
3. Director Postal Services, Haryana Circle, Amabla-
133001. [email protected]
...Respondent(s)
(Advocate: Sh. Sanjay Goyal, Sr. CGSC along with
Mr. Pankaj Khurana.)
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ORDER
Per: ANJALI BHAWRA, MEMBER (A):
1. This application has been filed under Section 19 of the Administrative Tribunals Act 1985, whereby, the applicant has sought for the following relief:
"Respondents may be directed to pay interest @ 18% per annum as the applicant had retired w.e.f. 30.11.2019 till the due of payment and further calculated upto date till realization."
2. The applicant in its OA has submitted the following:-
i) The date of birth of applicant is 01.12.1959. A case FIR No/327 dated 20.6.2018 U/s 279 and 304-A IPC was registered against the applicant in P.S. Ratia. The applicant was retired from Govt. service w.e.f. 30.11.2019 (A/N) on attaining the age of superannuation subject to the condition that provisional pension will be allowed to him and no gratuity will be paid to the applicant until the conclusion of court proceedings in FIR (Annexure A1). The applicant gave the charge to Shri Naveen Sharma on 30.11.2019 (Annexure A2).
ii) Vide order dated 4.12.2019, Provisional pension @ Rs.30,200/- per month was granted to the applicant for succeeding six months from 1.12.2019 to 31.5.2020 plus admissible relief and the amount of provisional pension was subject to revision, if the same is found to be in excess or short of the admissible amount as per report of PAO Ambala (Annexure AЗ). No retiral benefits except the provisional pension has been allowed to the applicant. Neither regular 3 pension nor gratuity nor commutation has been granted to the applicant merely on the premise that criminal case was pending against the applicant, although the criminal case do not relate to the respondents department in any manner.
Since the prosecution failed to prove its case against the applicant, the applicant stands acquitted in aforementioned case FIR No.327 dated 20.6.2018 U/s 279/304-A IPC, P.S. Ratia, vide judgment dated 7.2.2020 passed by ld. SDJM, Ratia (Annexure A4).
iii) Since the applicant has been acquitted in criminal case accordingly, the applicant made representation dated 05.05.2020 to the Chief Postmaster General, Haryana Circle, Ambala, which was received vide diary No.4265 dated 06.05.2020 for grant of retiral benefits including gratuity as he has already been acquitted in criminal case (Annexure A5). When the respondents failed to release the retiral benefits, the applicant got served legal notice dated 20.7.2020 calling upon the respondents to release the retiral benefits of applicant alongwith interest @ 18% per annum (Annexure A6). The Supdt. Of Post Offices, Hisar Division, Hisar wrote letter dated 31.8.2020 to the Director of Accounts (Postal) (Pension Section) GPO Building, Ambala Cantt. That no departmental/ judicial/ disciplinary/ vigilance case is pending against the applicant (Annexure A7). 4
iv) Further, it is clear that the applicant had retired on 30.11.2019 and he has already been acquitted in criminal case, yet no retiral benefits such as Gratuity, Commutation, regular pension etc. has been granted to the applicant. Hence faced with the situation and due to inaction on the part of the respondent department, the applicant has filed O.A. No.636 OF 2021 and this Tribunal vide order dated 16.09.2020 has directed to decide the representation A-6 by passing a reasoned and speaking order expeditiously not later than three months (Annexure A8). Though after the passing of order dated 16.09.2020 the competent authority i.e. Respondent no. 4 has released the entire retirement service benefits in favor of the applicant, however no interest has been paid to the applicant making false excuse and flatly denied for payment of interest on the delayed release of service benefits vide impugned Order dated 27.10.2020 (Annexure A9).
3. Notice was issued to the respondents. The written statement has been submitted by the respondents wherein submissions stating as follows:-
i) Sh. Kamal Kumar, Ex-LSG PA Sirsa HO retired from service PA on 30.11.2019 on superannuation. At the time of retirement, an FIR No. 327/2018 was registered under sections 279 and 304-A of the IPC in Rattia Police Station and case No. 117/2018 titled as 'State Vs. Kamal Kumar' 5 was pending in the court of SDJM, Rattia. Due to pendency of Criminal against Sh. Kamal Kumar, Circle office Ambala i.e. respondent no 02 vide office Memo No. STA/6-4/HSR/08 dated 27.11.2019 (Annexure A-1) directed that provisional pension as calculated under Rule-69 of CCS (Pension) Rules, 1972 will be authorised by the Accounts Officer and no Gratuity will be paid until conclusion of court proceedings and issue of final orders thereon titled as a case No. 117/2018 'State Vs. Kamal Kumar' pending in the Court of SDJM, Rattia. As per Rule 69 of CCS Pension Rules, 1972, 'No gratuity shall be paid to the government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon (Annexure R3). Sanction memo of provisional pension was sent to Director of Accounts (P) Ambala for authorisation. Thereafter, provisional pension per (Annexure A-3) was authorised to the said Sh. Kamal Kumar i.e. Applicant, due to pendency of criminal case against him.
ii) The leave encashment and CGEGIS payment was paid to the applicant in due course. As per DOP&PW letter number 38/64/98-P&W (F) dated payable 05.10.1999 no interest delayed payment is of pension/commuted value of pension. As per this letter leave encashment payment is a benefit granted in the leave rules and not a pensionary benefit. CGEGIS payments are made in accordance with the 6 table of benefit which takes into account interest upto the date of cessation service no interest is payable on account of delayed payments of CGEGIS. Thereafter, Sh. Kamal Kumar i.e. applicant submitted an application dated 05.05.2020 (Annexure A-51, addressed to circle Office Ambala in which he had intimated that he had been acquitted of the charges levelled against him vide SDJM, Rattia 07.02.2020 (Annexure A-4). As the instructions for withholding the DCRG were issued by competent authorities (Circle Office Ambala), being appointing authority of the applicant therefore, his application along with judgment was sent to Circle Office Ambala i.e. respondent no.2 vide respondent no.4 letter dated 19.05.2020 (Annexure R-5). Some observations were raised by Circle office Ambala regarding appeal In the CIS No. CHI/117/2018 titled "State Vs. Kamal Kumar" vide respondent no.2 letter dated 08.06.2020. Then the required information regarding filing of an appeal against the acquittal in the higher court, was sent to Circle Office Ambala vide respondent no 04 letter dated 27.07.2020.
After that Circle Office Ambala i.e. respondent no.2 vide Memo No. STA-6-4HSR/08 instructed vide dated the 04.08.2020 had amount of gratuity payable to the Ex- official i.e. to the applicant may immediately be released (Annexure R-6).
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iii) Service book of Sh. Kamal, Ex-PA i.e. applicant was submitted to Director of Accounts (P) Ambala, being controlling authority for sanction of retiral benefit for taking necessary action vide respondent no.4 office letter dated 10.08.2020 (Annexure R-7). Thereafter, Director of Accounts (P) Ambala sanctioned the amount of DCRG and commutation office letter of pension vide their Postal/2020/HA/12701/no. D2026 dated 14.09.2020 and Postal/ 2020/HA/12701/D2024 dated 14.09.2020. After this, retiral benefits of Sh. Kamal Kumar i.e. applicant were released and the same were further paid to the said retiree i.e. applicant. The amount of DCRG and Commutation was paid within 3 months from the receipt of information about filing of appeal by the State against the acquittal of the applicant. So there is no delay in payments of retiral dues.
iv) Legal notice dated 20.07.2020 (Annexure A-6) was received on behalf of Sh. Kamal Kumar and reply of the same was also sent vide letter date 16.09.2020 within time (Annexure R-10). The applicant also filed O.A before this Tribunal bearing no.636 of 2020 which decided in limine vide order dated direction 16.09.2020 (Annexure A-8) with direction to decide the representation i.e. legal notice of the applicant dated 20.07.2020 with in a period of 03 months. The orders of the Tribunal were duly complied. Reply to legal 8 notice was given vide respondent 04 letter dated 16.09.2020 which was within prescribed time limit.
4. The applicant has not filed any rejoinder to the written statement filed on behalf of the respondents.
5. Heard counsel for the applicant and counsel for the respondents and have gone through the pleadings and averments made in this case.
6. In the present case, the respondents have appended the rule position (Annexure R-11) with respect to interest on delayed payment which reads as follows:-
"Government of India's Decisions (1) Admissibility of interest on gratuity allowed after conclusion of judicial/departmental proceedings:-
1. Under the rules, gratuity becomes due immediately on retirement. In case of a Government servant dying in service, a detailed time-table for finalizing pension and death gratuity has been laid down, vide Rule 77 onwards.
2. Where disciplinary or judicial proceedings against a Government servant are pending on the date of his retirement, no gratuity is paid until the conclusion of the proceedings and the issue of the final orders thereon. The gratuity, 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."
7. The order passed by this Tribunal in OA No.636/2020 titled Kamal Kumar Vs. UOI & Ors., decided on 16.09.2020, the relevant para which reads as follows:-
"4..........In view of the above noted facts, we deem it appropriate to dispose of this OA, at this stage, by directing the Competent Authority, to whom the indicated representation for release of retiral benefits has been addressed, to consider and decide the same in view of acquittal of the applicant in criminal case, by passing a reasoned and speaking order expeditiously, and in any case, not later than three months. Ordered accordingly. A copy 9 of the order to be passed by the respondents be duly communicated to the applicant."
8. The reply submitted by the respondents states that the amount of DCRG and Commutation was paid within 3 months from the receipt of information about filing of appeal by the State against the acquittal of the applicant. So, there is no delay in payments of retiral dues. It was also made clear that the information of acquittal from the charge was received from the applicant vide his application dated 05.05.2020 whereas he was acquitted vide order dated 07.02.2020 which was admitted by the applicant himself. The process of sanction of pensionary benefit can be started after the receipt of information/order and after receipt of information from applicant side, the process for sanction of retiral benefit was initiated by the respondents.
9. In view of the aforesaid rule position and specific facts qua the applicant in this case and the fact that no interest was allowed in the OA earlier passed in this case. The present OA seeking interest on delayed payment is devoid of any merits and hence the same is dismissed.
10. No order as to costs.
(ANJALI BHAWRA) MEMBER (A) /sv/