Central Administrative Tribunal - Delhi
Dr Adarsh Kaur Gakhar vs Municipal Corporation Of Delhi (Mcd) on 9 February, 2026
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Item No.33/ C-5 OA No.4089/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 4089/2023
M.A. No. 5195/2025
This the 9th day of February, 2026
Hon'ble Dr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Dr. Adarsh Kaur Gakhar, Ex- CMO(SAG)
W/o Sh. Damanjit Singh Gakhar,
R/o H.No.E-11, Lajpat Nagar, 3,
New Delhi 110024,
... Petitioner
(By Advocate : Ms. Karishma)
Versus
Commissioner,
Municipal Corporation of Delhi,
Dr. S.P. Mukherjee Civic Centre,
JLN Marg, Minto Road,
New Delhi-110002.
...Respondents
(By Advocate: Ms. Manisha Tyagi)
DAYADAYAWATI
2026.02.16
WATI 17:32:46
+05'30'
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Item No.33/ C-5 OA No.4089/2023
ORDER (ORAL)
By Hon'ble Dr. Chhabilendra Roul, Member (A):-
Present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act 1985, seeking the following reliefs:-
"i. Pass an order in favour of the applicant thereby declare the act of the respondent of not payment of the Gratuity amount Rs. 20,00,000/-, commutation of pension 43,26,870/- (on which the installments are deducted from her pension), Gratuity amount Rs. 20,00,000/-, commutation of pension 43,26,870/- (on which the installments are deducted from her pension), 7th CPC arrears from 01.01.2016 to 30.09.2016, Arrears of Promotion to SAG 27.06.2011 to 30.11.2016 D.A. arrears w.e.f. Jan. 2016 to March 2016, Jan. 2017 to March 2017, July 17 to Sept. 17, Jan. 18 to March 18, July 2018 to Sept.2018, Jan. 2019 to March 2019, July 2019 to Sept 2019, July 21 to Sept 21 D.A. Arrear applicable on pension, due to the applicant in terms of the OM dated 20.11.2021 has not been paid so far despite representation dated 12.05.2023 and legal notice dated 15.06.2023 and not paid the interest on the GPF and Leave encashment amount are illegal, invalid, arbitrary, unjustified and violative of Art, 14,16 and 21 of the Constitution of India, CPC Pension rules 1965 and violative of the service rules of the Respondent;
DAYADAYAWATI
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Item No.33/ C-5 OA No.4089/2023
ii. Direct the respondents to pay the above retiral benefits mentioned in clause i along with interest and further the interest on delayed paid GPF and Leave encashment, within a stipulated shortest period along with interest @ market rate of interest since due date and till date of realization.
iii. Respondent may also be directed to give the statement of account with the detail of payment.
iv. Any other order or direction as may in the facts and circumstances of the case deems fit and proper in favour of the Applicant and against the respondents;
V. Allow the present application of the Applicant with costs;"
2. At the outset, Ms. Manish Tyagi, learned counsel for the respondents, submits that a status report has been filed admitting that the applicant is entitled to receive the retiral benefits as prayed for in the present OA. She further submits that a detailed status of the pending retiral dues has been provided, indicating the amounts already paid to the applicant and those which have been sanctioned. She gives an assurance that the remaining pending amounts shall be paid within a period of six weeks from today. She also, on instructions, states that the respondents shall pay simple interest at the applicable GPF rates for the period of delay, from the date the retiral benefits became due till the date they are actually paid.
3. In view of the aforesaid statement made by the learned counsel for the respondents, the present OA is disposed of DAYADAYAWATI 2026.02.16 WATI 17:32:46 +05'30' 4 Item No.33/ C-5 OA No.4089/2023 with a direction to the respondents to release all pending retiral dues to the applicant along with simple interest at the applicable GPF rates from the date they became due till the date the same are actually paid to the applicant. Needless to mention, interest shall also be paid on the amounts already released in favour of the applicant but with various periods of delay. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order.
4. The OA is disposed of in view of the above terms. Pending MA i.e. MA No. 5195/2025 also stands disposed of accordingly. No order as to costs.-
(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)
/daya/
DAYADAYAWATI
2026.02.16
WATI 17:32:46
+05'30'