Central Administrative Tribunal - Lucknow
Mota Prasad vs Union Of India on 30 October, 2017
1 CENTRAL ADMINSTRATIVE TRIBUNAL LUCKNOW BENCH, LUCKNOW Original Application No. 332/00272/2017 This, the 30th Day of October, 2017 Hon'ble Mr. Justice V.C. Gupta, Member (J), Mata Prasad, aged about 61 years, s/o Shri Shyam Lal, Resident of-C/o-S. Rehman, Running Shed Colony, LD-11-M, Terhi Pullia, Alambagh, Lucknow.
.......Applicant By Advocate: Sri Praveen Kumar.
VERSUS
1. Union of India through the General Manager, Northern Railway, Baroda House, New Delhi.
2. The Divisional Railway Manager, Northern Railway, Hazratganj, Lucknow.
3. The Senior Divisional Personnel Officer, Northern Railway, Hazratganj, Lucknow.
4. The Senior Divisional Finance Manager, Northern Railway, Hazratganj, Lucknow.
5. The Senior Divisional Personnel Officer, Northern Railway, Firozpur Division, firozpur.
6. The Senior Divisional Finance Manager, Northern Railway, Firozpur Division, Firozpur.
......Respondents By Advocate: Sri Ashutosh Pathak.
ORDER [ORAL] JUSTICE V.C. GUPTA - MEMBER-J, Heard the learned counsel for the applicant and the learned counsel for the respondents.
22. Today, the learned counsel for the respondents placed on record the letter dated 18.10.2017 whereby it has been informed that the balance amount of Rs. 5143/- including interest towards PF of Firozpur Division has not been paid to the applicant. However, vide letter dated 08.09.2017, the Firozpur Division informed in this regard for non- payment of aforesaid amount and it has been contended that account has already been closed after making the full payment. Therefore, a request has been made for re-opening of account and it will take some time for making the payment after re-opening of account and required for grant of same time to disburse to the amount to applicant. The copy of letter dated 18.10.2017 is extracted herein below:
"OFFICE OF THE SR. DIVISIONAL FINANCE MANAGER, NOTHERN RAILWAY, HAZRATGANJ, LUCKNOW-226001 NO. 2011/Legal/CC/Corrs./Part III Dated : - 18.10.2017 DPO/Legal Northern Railway, Lucknow.
Sub: OA No-272 of 2017 of Sh. Mata Prasad Vs. UOI & Others pending before Hon'ble CAT/LKO.
Ref: Your Docket sent vide Letter No. 73/CAT/LKO/17 dated 12.10.2017 In continuation of this office letter of even no. dated 07.09.2017, it is further informed that fresh development has been made in case of Sh. Mata Prasad as the BALANCE PF which was laying in the books of PF at FEROZPUR DIVISION has since been received in this office vide PF TC No. RC-NR-FZR-201708-00281 dated 08.09.2017 amounting to Rs. 5143/- (interst allowed upto 31.03.1990). The calculation of interst has been calculated manually in this office to avoid contempt of Hon'ble CAT/LKO orders.
This office has approached General Manager (AIMS), CRIS New Delhi (Copy Enclosed) to RE-OPEN the PF Account of Sh. Mata Prasad so that remaining payment maybe processed at the earliest. This is for your information necessary action please.
DA : As above DFM/NR/LKO"
3. Hence, in view of above, so far as relief (a) is concern, the petition is 3 allowed with direction to the respondents to make the payment of aforesaid amount within a period of 4 weeks from today to the applicant failing of, which the department would be liable to pay simple interest @ 9% p.a. of unpaid amount in the GPF from the date of order.
4. Learned counsel for the applicant pointed out that in this case payment of gratuity has been delayed and it was made on 29.05.2017 to the applicant who retired on 31.08.2016. This factual position is not disputed. The delay is of less than 9 months.
5. Hence, in view of above, if there is administrative delay not attributable to the applicant, the statutory for payment of interest under payment of Gratuity Act may be paid to the applicant within a period of 4 months.
6. Accordingly, this original application is disposed of. However, there shall be no order as to costs.
(Justice V.C. Gupta) Member (J) JNS/-