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Central Administrative Tribunal - Allahabad

Ramraj vs Cpwd on 14 March, 2023

                                                   O.A. No.1224/2017


                                         (Reserve on 3.3.2023)
Central Administrative Tribunal, Allahabad Bench, Allahabad


                         O.A. No. 1224/2017
This the 14th day of March, 2023.
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Ram Raj aged about 61 years son of late Ram Dulare r/o 181 A/153
C, Sulem Sarai, Allahabad
1/1    Rama Devi a/a 53 years w/o late Ram Raj r/o 211/181 A/153
C, Dhoman Ganj, Sulem Sarai, Allahabad, U.P.
1/2. Pravesh Azan (unmarried) a/a 23 years s/o late Ram Raj, r/o
211/181 A/153 C, Dhoman Ganj, Sulem Sarai, Allahabad, U.P.
1/3, Yash Kumar Azan (unmarried) a/a 21 years, s/o late Ram Raj,
r/o 211/181 A/153 C, Dhoman Ganj, Sulem Sarai, Allahabad, U.P.
¼.     Renuka Saxena (unmarried) a/a 31 years d/o late Ram Raj,
r/o 211/181 A/153 C, Dhoman Ganj, Sulem Sarai, Allahabad, U.P.
(Substituted vide Court order dated 27.8.2021)
                                                   ...........Applicants
By Advocate: Sri M.K. Upadhyay
                            Versus
     1. Union of India through Secretary, Ministry of Urban
        Development, Nirman Bhawan, New Delhi-110011.
     2. Director General, CPWD M/o Urban Development, Govt. of
        India, Nirman Bhawan, New Delhi.
     3. Chief Engineer (North Zone), CPWD, Aliganj Kendriya Bhawan,
        Lucknow.
     4. Superintending     Engineer (E), Lucknow Central Electrical
        Circle, Central Public works Department, Lucknow.
     5. Executive Engineer (E) ACED, CPWD, Allahaad.
     6. Accounts Officer , PAO, Office- North Zone, CPWD, M/o
        Urban Development , Govt. of India, East Block-IV, R.K.
        PuramNew Delhi-110066.
                                                 Respondents
By Advocate:     Sri R.K. Sharma
                            ORDER

By Hon'ble Mr. Justice Om Prakash-VII, Member (J) This O.A. has been filed by the applicant with prayer for directing the respondents to give the 18% interest on GPF of Rs. 2781872 from 1.8.2016 to 21.3.2017, 18% interest on commutation of pension of Rs. 1850537 from 1.8.2016 to 17.7.2017, 18% interest on Gratuity of Rs. 1487756 from 1.8.2016 to 17.7.2017 and 18% interest on Arrears of pension of Rs. 959820 from 1.8.2016 to 29.8.2017.

2. The brief facts of the case are that the applicant was retired from service on 31.7.2016.When retiral benefits were not paid to the applicants even after more than 03 months of his retirement, he moved representation on 17.11.2016 with request to release all his Page 1 of 4 O.A. No.1224/2017 retiral dues at the earliest. Applicant has moved reminders. The retiral dues was paid to the applicant as under:-

i) GPF Rs. 3781872 given to the applicant on 22.3.2017

ii) Commutation of Pension Rs. 1850537 given to the applicant on 18.7.2017

iii) Gratuity of Rs. 1487756 given to the applicant on 18.7.2017.

iv) Pension of Arrears Rs. 378773 given to the applicant on 29.8.2017

v) Leave encashment Rs. 959820 given to the applicant on 30.8.2017 Hence the applicant is seeking interest on delayed payment of retiral dues by filing this O.A.

3. Learned counsel for the respondents filed counter reply, stating therein that applicant was retired on 31.7.2016. He submitted his pension case on 28.7.2016 which was forwarded to DDO. Delay was attributed to the applicant due to non-submission of documents like PAN and Aadhar Card etc. It is also stated that as per pension process, the applicant had to submit pension papers six months before the retirement as per CCS Pension Rule 59( C)

(iii), whereas he submitted his pension paper in the last week of retirement. It is further stated that applicant has no right to grant the interest on pension and other retirement benefits. It is administrative delay. Pay fixation verification case was under

process in the office of internal Audit MOUD, New Delhi. It is stated that after getting some documents, like photo and bank details, his pension case was sent to PAO, vide letter dated 9.6.2016 but PAO has raised some objection vide letter dated 28.9.2016. Case was again sent to Internal Audit vide letter dated 7.2.2017. PAO, New Delhi issued pension commutation ,gratuity and commutation of pension on 29.6.2017. It is further stated that delay occured due to administrative procedure, hence question of interest does not arise.

4. Heard the learned counsel for the parties.

5. Submission of the learned counsel for the applicant is that applicant was retired on 31.7.2016. Applicant has submitted all documents in time and after repeated representations moved by the applicant, respondents have failed to pay the retiral dues in time. Learned counsel for the applicant has also placed reliance of the case of Krishna Mohan Verma Vs. State of U.P. and others 2006(109) FLR 466 (W.P. No. 6950 (S//S) of 2003 dated 5th December, 2005 (Allahabad High Court).

6. Learned counsel for the respondents has argued that delay has occurred due to non-submission of documents by the applicant in time and due to administrative reasons. Hence the applicant is entitled for any interest.

7. I have considered the rival submissions made by the parties and have gone through the entire record.

8. In the instant case, applicant was retired on 31.7.2016 but his retiral dues were paid to him as follows:-

i) GPF Rs. 3781872 given to the applicant on 22.3.2017

ii) Commutation of Pension Rs. 1850537 given to the applicna ton 18.7.2017

iii) Gratuity of Rs. 1487756 given to the applicant ton 18.7.2017.

iv) Pension of Arrears Rs. 378773 given to the applicant on 29.8.2017

v) Leave encashment Rs. 959820 given to the applicant on 30.8.2017.

9. In the case of Krishna Mohan Verms Vs.State of U.P. (supra), the Hon'ble High Court has held that Delay in payment of retiral dues was not due to any fault of the petitioner, but he was made to run from pillar to post and could get the amount of leave encashment due to him on 30.6.1994, without interest only on 7th May, 2005, after intervention of the court, thus allowed the Writ petition with direction to pay compound interest on the aforesaid amount of Rs. 19,494 at the rate of 18% to be calculated from the date of retirement to the petitioner i.e. 30th June, 1994 upto the date of payment with 5% penal interest within a period of six weeks from the date of retirement."

10. The Hon'ble Apex Court in the case of Vijay L. Mehrotra Vs. State of U.P. and others reported in (2001)9 SCC 687 , the Hon'ble Apex Court has held as under:-

"3. In case of an employee retiring after having rendered service, it is expected that all the payments of the retiral benefits should be paid on the date of retirement or soon thereafter if for some unforeseen circumstances the payments could not be made on the date of retirement.

11. In the instant case, the applicant was retired on 31.7.2016 and he has submitted his pension paper on 28.7.2016, whereas the rules says that pension paper must be submitted before six months of retirement. Hence, some delay has been caused in making the payment. The payment of retiral dues was made to the applicant on 22.3.2017, 18.7.2017, 29.8.2017 and 30.8.2017 after one year of Page 3 of 4 O.A. No.1224/2017 his retirement. Hence, the court is of view that applicant is entitled for interest on delayed payment of his retiral dues after three months of his retirement, i.e. from 30.10.2016 because pension papers have been submitted by the applicant belatedly in the last week of his retirement.

12. Accordingly, O.A. is allowed. Respondents are directed to pay the interst @ 6% simple interest on the delayed payment of reitral dues to the applicant from 30.10.2016 till the actual payment.

13. There shall be no order as to costs.

(Justice Om Prakash VII) Member (J) HLS/-