Central Administrative Tribunal - Mumbai
Rajesh Haribhau Pandav vs M/O Environment And Forests on 19 January, 2023
] | OA2TI9/2019 Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur.
O.A.2119/2019 Dated this Thursday the 19° day of January, 2023 Coram : Dr. Bhagwan Sahai, Member (Administrative). Rajesh Haribhau Pandav, S/o Haribhau Pandav, Age 66 years, Occupation -- Pensioner, Resident of Plat No.204, Shri Ganesh Snehal Apartment, Shradhanand Peth, South Ambazari Road, Nagpur 440 022. - Applicant (By Advocate Shri R.K.Shrivastava) Versus
1. The Union of India, Through the Secretary, Ministry of Forest and Climate Change, Room No, 402, Level-IV, A ani Wing, Indira Paryavaran Bhavan, Aligan}, Jorbagh Road, New Delhi 110 003.
to :
The State of Maharashtra, Through the Secretary, Revenue and Forest Department, Hutatma Rajguru Chowk, Madam Cama Marg, Mantralaya, Mumbai 400 032.
3. The Chief Conservator of Forest Revenue & Forest Department, Goverment of Maharashtra, Hutatma Rajeuru Chowk, Madam Cama Marg, Mantralaya, Mumbai 400 032.
4. The Principal Chief Conservator of Forest (HUE), Mah. State, Van Bhavan, Rameiri Road, Civil Lines, Nagpur 440 001, ~ Respondents (By Advocate Ms. Mugdha Chandurkar) Order reserved on : 17.01.2023 Order delivered on : 19.01.2023
2 OAZTIO20T9 Shr Rajesh Haribhau Pandav, retired Indian Forest Service Officer (Maharashtra Cadre) has filed this O.A. on 04.06.2019 seeking direction to respondents to pay him interest @ 9% per annum on delayed payment of commuted value of pension, leave encashment and arrears of pay and allowances on his 3 promotions for the period after 3 months of his retirement ll the date of actual payment,
2. Summarized frets:
aia). After getting selected as member of the State Forest Service and completion of his training, he joined as probationery Assistant Conservator of Forests on 07.02.1983, Thereafter he was posted as Divisional Forest Officer in 1996. Later he was promoted to the Indian Forest Service (1983 batch). After completing his postings at different places, he retired on 31.03.2013, 2(b). While he was. posted @8 Deputy Conservator of Forests, Yavatmal during 30.06.2003 to 15.06.2006 by Government order dated 07.08.2007, he was suspended and a charge-sheet was issued on 28.12.2007 under Rule 34) of All India Services (Conduct) Rules, 1968 allegine wrongful gains and causing logs to Government of Rs.28,04,046/- during year 2005-06 and Rs.14,54,684/. during year 2003-04 because the rates of _. OA.211972019 timber and fuel wood were more than those of Pandharkawada Division.
2(c). Inquiry Officer submitted his report on 15.01.2013 holding that the charge had been partially proved against the applicant. Then the matter was referred to UPSC for advice, In response, the UPSC in its letier dated 14.07.2017 advised that the disciplinary proceedings against the applicant should be dropped and he should be exonerated, After obtaining representation of the applicant on the advice of the UPSC, Government of India, Ministry of Environment & Forests and Climate Change by its order eee dated 29.11.2017, exonerated the applicant of the charges levelled against him and the disciplinary proceedings against him were dropped. 24a). Thereafter, by order of Respondent No.2, Government of ~ Maharashtra, Department of Revenue and Forests, Mantralaya, Mumbai by order dated 68.02.2018, the applicant promoted as Conservator of Forests from 04.11.2011 and as Chief Conservator of Forests fom 12.03.2013. ee Then as per Government of Maharashtra letter dated 21.04.20) 8 sanction was issued and communicated to the A.G. Nagpur for grant of retiral A tter dated 25.05.2018, A.G., Nagpur 4(e). As per letter dated 08.04.2019, Respondent No.2 sanctioned the payment of interest on delayed payment of pension and DCRG os . a Ff OA.2119/2019 amounting to Rs.1,29,047/- and Rs.4,10.167/- respectively (otal. Rs.5,39,214/-). However, the applicant claims that the respondents have not paid him interest for | nent on commuted value of pension, leave encashment and arrears of pay and allowances on his promotions.
3. Contentions of the parties :
In the O.A., rejoinder and during arguments of his counsel, he has contended that -
a 3{a). for getting his legitimate payments, he had approach the O.A.2022/2018 for payment of interest on pension, gratuity, commuted pension, etc. Thus the respondents have been biased and vindictive against _ him. After submission of report by the Inguiry Officer on 15.01.2013, the respondents took 4 years for seeking advice of UPSC and ever after receipt of advice of the UPSC, the respondents took one year for exonerating him and making payment of his retiral dues. Therefore, the delay from 2013 to 4018 in exonerating the applicant and for making due payments to him was not justified: and 3 : OAQTIOADTS:
Sib). while the respondents paid the interest on delayed payment of pension arrears and gratuity, they have not paid interest on delayed payment of commuted value of pension, leave encashment and arrears of pay and allowanves after his promotions.
Sic). The applicant has re ied on the following caselaws:
a High Court decision in case of Jodh Singh |
(i).
Vs. State of Punjab dated 14.01.2019 holding that there cannot be Justification for delay in making payment and, therefore, the petitioner therein was entitled for payment of interest at 9% on delayed payments after the period of 3 months from his retirement. Gi). Madras High Court decision in case of B. Thirumoorthy Vs. The Secretary to Government dated 22.03.2017 for payment of salary for period of his suspension and awarding interest to the applicant stating that even in absence of statutory rules or administrative instructions about payment of interest, the concerned Government servant would be entitled for interest under Articles 14, 19 and 21 of the Constitution. {iii}. Supreme Court decision in case of S.K. Dua Vs. State of Haryana & Anr, Dated 09.01.2008, setting aside the order of the High Court and remanding the matter back to the High Court for disposal in accordance with law. In that case the petitioner had not been paid interest on retiral we 6 OA2T1 9/2019 benefits.
(iy). This Bench of the Tribunal in O.A.2022/2018 filed by Laxman G. Pancha! dated 05.10.2018 has allowed the payment of interest at 9% on delayed payment of gratuity, pension and other retiral benefits including arrears of pension. In that case even provisional pansion had not been paid to him.
in view of the above facts and decisions in the caselaws, the O.A. should be allowed.
@). Res sondents ; :
In reply and during arguments of their counsel, the respondents have contended as under:
3(d). the applicant while posted as Divisional Forest Officer (Evaluation), Chandrapur, the applicant retired on superannuation on 31.03.2013. At that time, departmental inquiry against the applicant instituted vide charge-she 2007 under Rule § of the All India Services (Discipline and Appeal) Rules, 1969 was in progress. Therefore, he was granted orevidaeal pension by order dated 17.04.2013 and 27.01.2014 and further by letter dated 06.12.2017, the Accountant General was requested to revise his pension as per 7° CPC pay structure from Q1.01.2016 which was done by A.G-Il, Nagpur vide letter dated eee OA21IS2019 ae 09.02.2018. The applicant was exonerated in the charges of the departmental proceedings by Government of India, Ministry of Environment & Forests and Climate Change order dated 29.11.2017.
Thereafter the applicant was promoted as Conservator of Forests and Chief Conservator of Forests vide Government Resolution dated 08.02.2018 and his suspension period from 07.08.2007 to 04.11.207 was treated as period spent on duty by order dated 14.02.2018:
3(e). then by letter dated 21.04.2018 a proposal was sent ta A.G-II, Nagpur and accordingly he was sanctioned pension, gratuity and commuted pension by letter of 25.05.2018. The respondents have submitted a summary of the retiral benefits and interest paid on delayed payment as nider:
Sr Type of Benefits Total amount Date of | Ne | release of Net amount 1 Gratuity Rs.10,00,000/- 20/06/2018 2 Commutation of Pension. Rs.11,20,614¢+ lOSVO7T/018 3 Leave eneashment : IRs.6,76,974/- -117/02/2015 + _ Leave Encashment Arrears |Rs.3,36,664/- 21/05/2018 5 |Arrears of Pension Due to Rs,15,12,188/- 31/07/2018 Promotion (Less than deducted Rs.2,61,730/-) _ 6 Arrears of Salary of Three Rs.19,85,000/ 06.06.2018 Promotions - (Less tax deducted 8 GQASTBRO19 _[Reaoseay :
7 (Ohne Stage Promotion --_--Rs.10,85,000/- cAGepua (Working in Tribal Area) (Less tax deducted | _ _. Rs.1,34,311/-) | Interest paid on delayed --_Rs.1,29,047/- 08.04.2019 release of gratuity : ac ® Interest paid on delayed Rs.4,10,167/- 8.04. 2019 payment of arrears of ' pension.
bea 3(f}. As per All India Service (Death-cum-Retirement Gratuity) Rules, 1958, if the payment of gratuity has been authorized afier 3 months from the date when its payr nent became due and it is clearly established that the delay in payment was attributable to administrative lapses, then interest as prescribed by Government from time to time is to be paid. Also a$ per notification issued by Department of Finance, Government of Maharashtra dated 01.11.2008, if payment of gratuity has been made afer the 3 months then interest at GPF rate will be payable. But if provisional pension has been paid to the retired employes then interest on delayed pension will not be paid: and Sig) in view of the proposal submitted by the respondents to A.G., Nagpur vide letter dated 01.03.2019 payment of interest of Rs.4.10,167/- and Rs.1,29,047/- has been made for delayed release of gratuity and arrears ° oe OALUI2O19 of pension. There have not been any administrative lapses on part of the Respondent No.2 in sanctioning arrears of pension on notional promotions of the applicant and also on payment of interest for the delayed payments. Therefore, the payment of interest is not due to the applicant on commuted value of pension, leave encashment and arrears of pay and allowances based on notional promotions of the applicant. Since the applicant has already been paid interest on delayed payment of gratuity and arrears of pension, and he was exonerated from the departmental inquiry only by order of 29.11.2017, before that date the applicant was not sligible for release of retiral benefits except provisional pension. Therefore, the claim af the applicant for payment of interest on commuted value of pension, leave encashment and arrears of pay and allowances on his promotions alter 3 months of the retirement on 31.03.2017 is not permissible. Hence this O.A. may be dismissed.
4, Analysis and conclusions :
d(a). l have carefully considered the submissions made by the applicant in the O.A. and his contentions of the rejoinder and during his arguinents. 1 have also carefully considered the contentions of the respondents.
10 OAS TTS2OTS | 4(b). The undisputed facts in this case are these:
{D. A charge-sheet was issued to the applicant on 28.12.2007 for causing heavy loss to the Government, the departmental enquiry was conducted and based on pr per the stipulations under All India Services (Discipline & Appeal) Rules, 1969, the respondents have taken arcenary action.
ad. Although the departmental proceedings got prolonged, the applicant was finally exonerated from the charges only as per the order of Government of India, Ministry of Environment & Forests and Climate Change dated 29.11.2017.
GHD. After the retirement of the applicant on superannuation on itself and after implementation of accepted recommendations of the 7" CPC, the amount of provisional pension was also revised from 01.01.2016.
(iv). After his exoneration in the departmental enquiry, the applicant applicant has also been paid additional salary of one stage promotion for having worked in tribal areas.
ing of the report of the Inquiry Officer as 7 i} OA 2119/2019 iy). Government of Maharashtra ie. Respondent No.2 by order dated 14.02.2018, has also regularized the suspension period of the applicant from 07.08.2007 to 64.11.2007 by treating it as period spent on duty, entitling him to receive 100% pay and allowances.
(vi). As per order of Respondent No.2 dated 08.04.2019, the payment for delay in release of gratuity and arrears of pension on notional promotions of the applicant 39,214/- has been made to the applicant.
(vil. As per stipulations under the relevant rules and instructions of State Government pointed out by the respondents in their reply, after retirement of an employee if the payment of gratuity, pension and leave encashment are not paid within a period of 3 months, then for the delay beyond that period of 3 months, interest becomes due for payment. In the present case inspite of the applicant's retirement on 31.03.2013, because of ongoing departmental enquiry. against him, the respondents could have Sanctioned only provisional pension to the applicant. This was done by them from 01.04.2013 itself Once the provisional pension has been sanctioned to the applicant from due date, for delay in subsequent payment of arrears of pension the applicant cannot claim payment of interest.
- oe | OAQUW2019
(vii). Amount of leave en 17.02.2015 itself Le, before conclusion of the departmental proceedings. 4{e). Although the conclusion of the departmental proceedings against the applicant had prolonged over a long period of time, before
- conclusion of those proceedings and order of exoneration issued by the Respondent No.1 on 29.11.2017, it was not possible for Respondent No.2 io finalize treatment of suspension period of the applicant and payment of his retiral benefits as well as issuance of order on his notional promotions as Conservator of Forests and Chief Conservator of Forests, They also. could have released his payment for one stage promotion for having. worked in tribal areas. In processing of the case of the applicant in the departmental proceedings and subsequent release of his retiral dues, « number of offices/authorities were involved Le. Government of India, a Ministry of Environment & Forests and Climate Changs, New Delhi, Department of Revenue and Forests, Government of Maharashtra, Office of Principal Chief Conservator of Forests, Nagpur, and A.G. Office, Nagpur. Therefore, the actual payments have been made to the applicant for gratuity, commuted amount of pension and arrears of leave encashment, arrears of pension due to promotions, arrears of salary on promotions and = one stage promotion for having worked in tribal areas during May, 2018 to 3 OA.2T19/2019 July, 2018. Because of delay in certai already sanctioned and pald interest on Rs.5,39,214/-. The time taken in release of payment of gratuity, commuted pension, arrears of leave encashment, arrears of pension on promotions and arrears of salary on notional promotions has been more ie. beyond 3 months after exoneration of the applicant because processing of the applicant's case had to be done by Department of Revenue and Forests, Government of Maharashtra, | Mantralaya, Mumbai, Office of Principal Chief Conservator of Forests, Nagpur and office of A.G-ll, Nagpur. Therefore, | do not find this as a case of deliberate delay and negligence on the part of these authorities, | also de not find it as a case of bias and vindictive attitude of the respondents against the applicant as alleged by him. Since the applicant had been paid provisional pension from April, 2013 itself and it was also revised subsequently from 01.01.2016 in view of implementation of 7% CPC pay structure, payment of interest is net due to the applicant on release of remaining part of his pension and arrears of pension. 4i(d). As per the details of payment submitted by the respondents, encashment of leave had already | itself i.e, before his exoneration from the departmental enquiry and by order of 08.04.2019, the respondents themselves have also sanctioned and paul to payments, the Respondent No.2 bas i4 OA 2119/2019 the applicant interest of Rs.5,39,214/- for delayed payment of gratuity and arrears of pension based on his promotions. The claim of the applicant on delayed payment on commuted value of pension and arrears of pay and allowances also is, therefe tified, A{e). The frets of the case of B. Thirumoorthy Vs. The Secretary to Government dated 22.03.2017 are not identical with those of the applicant's case. In that case payment for suspension period had not been made. In S.K. Dua (supra), the Supreme Court decision set aside the order of the High Court and remanded matter back to the High Court for decision as per provisions of law and in that case due interest had not been paid on retiral benefits to the applicant. The facts of this case are also not totally identical with those of the applicant's case. In his case the respondents themselves | case of L.G. Panchal decided by this Bench of the Tribunal also, the facts were not identical as no departmental proceedings had been initiated against the applicant and even criminal case lodged against him, charges had not been finalized. Therefore, payment of interest was granted. die). Prom the above analysis of the case, it is clear that the stand of the Respondent No.2 is correct that claim of payment of interest on commuted value of pension and leave encashment also gets decided only : | OA.2119/2019 when Pension Payment Order is issued for release of pension. Therefore, before issuance of the PPO to the applicant by A.G. office dated 23.05.2018, commuted value of pension could not have been paid, it was to be paid at that stage only and no interest can be paid on commuted value of pension. Overall 1 do not find any merit in the O.A. Therefore, it deserves dismissal, 8, Decision :
The 0.4. is dismissed. No costs.
(Dr. Bhagwat Sahaiy Member (A).
H.