Central Administrative Tribunal - Bangalore
M Kalaivani vs M/O External Affairs on 18 April, 2022
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OA.No.170/298/2021/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00298/2021
ORDER RESERVED ON: 02.02.2022
DATE OF ORDER: 18th April, 2022
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal, Chandigarh Bench
at Chandigarh)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative Tribunal, Bangalore Bench
at Bangalore)
Smt M. Kalaivani,
W/o Late Dhamodharan. C
Aged 62 years, retired as Assistant Passport Officer,
Regional Passport Office, Bengaluru-560 095,
Residing at No.3/1, Krishnappa Garden,
Viveknagar Post, Bengaluru-560 047. ....Applicant
(By Advocate Shri A.R. Holla - through video conference)
Vs.
1.Union of India,
By Secretary,
Ministry of External Affairs, (PSP Division),
South Block, New Delhi-110 001.
2.The Chief Passport Officer,
Patiala House Annexe, Tilak Marg,
New Delhi-110 001.
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OA.No.170/298/2021/CAT/Bangalore Bench
3.The Regional Passport Officer,
80 Feet Road, 8th Block,
Koramangala, Bengaluru-560 095
....Respondents
(By Advocate Sheri S. Sugumaran- through video conference)
ORDER
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:
To make payment of interest to the applicant at the rate of 12% p.a. on
i) Interest on commutation of pension, Rs.11,72,908/- from 31.05.2019 till 24.12.2019: Rs.70,374.
ii) Interest on DCRG, Rs.9,51,093/- from 31.05.2019 till 19.05.2020:
Rs.1,04,620.
iii) Interest on EL encashment, Rs.4,77,587/- from 31.05.2019 till 07.01.2020: Rs.33,431.
iv) Interest on balance amount Rs.9721/- from 31.05.2019 till 26.02.2021: Rs.2041.
Total amount: Rs. 2,10,466/- and future interest on the above at 12% till the date of actual payment.
2. The facts of the case as pleaded by the applicant in her pleadings, are as follows:
a) The applicant was working as Senior Superintendent in Regional Passport Office, Bengaluru. She retired on 31.05.2019 on attaining the age of superannuation.3
OA.No.170/298/2021/CAT/Bangalore Bench
b) The applicant approached this Tribunal in OA.No.647/2019 against the order dated 30.05.2019 treating the period of her absence from 05.03.2019 to 28.03.2019 as dies-non. This Tribunal vide order dated 11.12.2019, allowed the OA.No.647/2019 granting her relief with a specific direction to settle her terminal and other benefits without any delay.
c) The Respondents challenged the above order of this Tribunal before the Hon'ble High Court of Karnataka in W.P. No. 13248/2020. The High Court vide order dated 07.01.2021 dismissed the Writ Petition.
d) The applicant submits that she was paid Commutation of pension amount of Rs.11,72,908/- on 24.12.2019. Her Death-Cum-Retirement Gratuity amount of Rs. 9,51,093/- was paid on 19.05.2020 and Leave Encashment benefit of Rs.4,77,587/- was paid on 07.01.2020. Finally, her terminal benefits were settled on payment of Rs.9721/- in terms of the order dated 26.02.2021.
e) The applicant is claiming the following payment of interest on account of delayed payments which, according to her were legally entitled to her on her date of superannuation on 31.05.2019:
i) Interest on commutation of pension, Rs.11,72,908/- from 31.05.2019 till 24.12.2019: Rs.70,374.
ii) Interest on DCRG, Rs.9,51,093/- from 31.05.2019 till 19.05.2020:
Rs.1,04,620.
iii) Interest on EL encashment, Rs.4,77,587/- from 31.05.2019 till 07.01.2020: Rs.33,431.4
OA.No.170/298/2021/CAT/Bangalore Bench
iv) Interest on balance amount Rs.9721/- from 31.05.2019 till 26.02.2021: Rs.2041.
Total amount: Rs. 2,10,466/-.
3. The respondents have filed their written statement, wherein, they have averred as follows:
a) The applicant superannuated on 31.05.2019. The applicant approached this Tribunal in OA.No.647/2019 on the issue of treating her period of absence between 05.03.2019 to 28.03.2019 as dies non. This Tribunal vide order dated 11.12.2019, while allowing the application, quashed the impugned order. The order of this Tribunal was challenged by the respondents before the Hon'ble High Court of Karnataka in W.P. No.13248/2020 and the High Court dismissed the above Writ Petition on 07.01.2021 and further directed to pay the remaining pensionary benefits within one month. Accordingly, the differential amount of Rs.9,721/-
was paid to the applicant vide sanction order dated 26.02.2021. The applicant's pensionary benefits were paid as follows:
S.No. Benefits Paid on
1. Pensionary benefits 24.12.2019
Including commutation
2. EL encashment 06.01.2020
3. DCRG 19.05.2020
a) The delay if any in settlement of applicant's pensionary benefits was due to delayed submission of her pension papers. The applicant was required 5 OA.No.170/298/2021/CAT/Bangalore Bench to submit her pension papers through Bhavishya portal by 30.11.2018 while she was still in service. However, the applicant submitted her pension papers duly filled in only on 17.09.2019. Subsequently the settlement of her pensionary benefits was paid as stated supra. The delay in payment of pensionary benefits, if any, solely rests on the applicant, as such no interest can be claimed or payable.
4. Heard learned counsels for the parties and also gone through the pleadings made by them.
5. The applicant has prayed for grant of interest on account of delayed payment of pensionary benefits to her which include interest on Commutation of Pension, interest on Earned Leave Encashment, and interest on DCRG. The applicant had superannuated on 31.05.2019, whereas the pensionary benefits have been released to her on 24.12.2019 (Commutation of Pension), on 06.01.2020 (EL encashment), and on 19.05.2020 (DCRG).
6. The reason for delayed payment as stated by the respondents is that the applicant had submitted her pension papers late on 17.09.2019 after her superannuation on 31.05.2019, although she was required to submit her pension forms duly filled in by 30.11.2018 i.e. six months prior to her date of superannuation.
7. As per Rule 68 of the CCS Pension Rules 1972, there is a provision for interest on delayed payment of gratuity as follows:
68. Interest on delayed payment of gratuity 6 OA.No.170/298/2021/CAT/Bangalore Bench (1) In all cases where the payment of gratuity has been authorized later than the date when its payment becomes due, including 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 at the rate applicable to General Provident Fund amount in accordance with the instructions issued from time to time:
Provided that the delay in payment was not caused on account of failure on the part of the Government servant to comply with the procedure laid down by the Government for processing his pension papers.
(2) Every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry or the Department in respect of its employees and the employees of its attached and subordinate offices and where the Secretary of the Ministry or the Department is satisfied that the delay in the payment of gratuity was caused on account of administrative reasons or lapse, the Secretary of the Ministry or the Department shall sanction payment of interest.
(3) The Administrative Ministry or the Department shall issue Presidential sanction for the payment of interest after the Secretary has sanctioned the payment of interest under sub-rule (2).
(4) In all cases where the payment of interest has been sanctioned by the Secretary of the Administrative Ministry or the Department, such Ministry or the Department 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 on account of administrative lapses.
8. A perusal of the documents enclosed as Annexure R-1 by the respondents indicates that the forms had been forwarded to the applicant (retiree) for filling up on 20.11.2018. They were required to be filled and received from the retiree by 30.11.2018. However, the forms duly filled in, were actually 7 OA.No.170/298/2021/CAT/Bangalore Bench received from the retiree only on 17.09.2019. This is even later than the actual date of superannuation of the applicant, which was on 31.05.2019.
9. After receipt of the filled forms, the entire process of verification and generation of PPO was completed by the authorities and PPO was issued on 04.11.2019. The pensionary benefits including commutation was settled on 24.12.2019. The EL encashment was paid on 6.01.2020. The DCRG (Gratuity) was paid on 19.05.2020.
10. A general time frame has been prescribed for processing of pension papers mandatorily through Bhavishya (Online Pension Sanction & Payment Tracking System) w.e.f. 01.01.2017. In this, detailed guidelines have been issued to ensure that the pension papers are processed in time for all retiring employees and they get the retirement benefits and the PPO in time at the time of their superannuation. The entire process is initiated one year before the actual date of retirement in order to ensure that the entire process is completed well in time and the pensionary benefits are released to the pensioner on their date of retirement.
11. As per the timeframe prescribed by the Online Pension Sanction and Payment System, the pension papers including the forms duly filled in, were supposed to be received from the applicant on or before 30.11.2018, which is six months before her date of superannuation on 30.05.2019. However, forms duly filled in were submitted by the applicant on 17.9.2019. There was therefore a delay of 291 days on the part of the applicant in submitting her pension papers.
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OA.No.170/298/2021/CAT/Bangalore Bench
12. No clarification has been provided by the applicant in her pleadings as a reason for this delay. The court case referred to by the applicant in her pleadings relate to the treatment of her unauthorized absence for the period between 05.03.2019 to 28.03.2019 as dies non. This case has no bearing on the requirement on her part to submit her pension papers by 30.11.2018 in order to enable the respondents to process her case to ensure timely release of her pensionary benefits.
13. The applicant was supposed to receive her pensionary benefits on the date of superannuation i.e. 31.5.2019, provided she had submitted her pension papers in time i.e. by 30.11.2018, as prescribed in the Bhavishya scheme. She submitted her papers duly filled in only on 17.09.2019. There was, therefore, a delay on the part of the applicant to submit her papers of 291 days.
14. The release of her pensionary benefits was on the following dates:
S.No. Benefits Actual date Due date Delay in
of payment Days
1 Pensionary benefits 24 December 30 May 208
Including commutation 2019 2019
2 EL encashment 06 January 30 May 221
2020 2019
3 DCRG 19 May 2020 30 May 355
2019
15. If the delay in submission of pension papers by the applicant of 291 days is taken into account, then the pensionary benefits including commutation and 9 OA.No.170/298/2021/CAT/Bangalore Bench the EL encashment have been released in time well before the due date, after accounting for the delay.
16. However, the delay in release of gratuity to the applicant is of 355 days.
There is, therefore, an unexplained delay of 64 days in release of her DCRG after accounting for the delay, attributable to the applicant, of 291 days in submitting her pension papers. This delay of 64 days, in release of gratuity amount due to the applicant, cannot be attributed to the delay by her in submission of her pension papers. Hence, she can be considered for payment of interest for this unexplained delay of around 64 days.
17. Keeping the above in view, the Secretary, Ministry of External Affairs, (Respondent No: 1), is directed to considered her case for release of interest on account of delayed payment of her DCRG amount for a period of 64 days at the rates allowed for General Provident Fund, under the provisions of Rule 68 of the CCS (Pension) Rules.
18. The Original Application is, accordingly, partly allowed, as above.
19. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
MEMBER (A) MEMBER (J)
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