Central Administrative Tribunal - Delhi
Nirmala Devi vs Ashwani Kumar Commissioner on 22 January, 2025
1
CP No.651/2024
in
OA No. 602/2022
Item No. 10 (C-3)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
C.P. No. 651/2024
in
O.A. No. 602/2022
This the 22nd day of January, 2025
Hon'ble Mrs. Pratima K Gupta, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
NIRMALA DEVI
W/O LT. SH. SATPAL HOODA
R/O A-141, FRIENDS ENCLAVE,
MUNDKA, DELHI - 110041.
...Petitioner
(By Advocate: Mr. Vikrant Dabas)
Versus
ASHWANI KUMAR COMMISSIONER
MUNICIPAL CORPORATION OF DELHI
THROUGH ITS COMMISSIONER
SHYAMA PRASAD MUKHERJEE CIVIC CENTRE, NEW
DELHI - 110002
....Respondent\Contemnor
(By Advocate: Ms. Anupama Bansal)
2
CP No.651/2024
in
OA No. 602/2022
Item No. 10 (C-3)
O R D E R (ORAL)
Hon'ble Mrs. Pratima K Gupta, Member (J) The present Contempt Petition has been filed alleging willful disobedience of order dated 15.01.2024 deciding O.A. No. 602/2022. The operative portion of the same reads as under:-
"4.2 As regards to delayed payment of retiral benefits, it is admitted by the respondents that they paid the retiral dues after this Tribunal's order to consider the pending representation of the applicant in OA No. 868/2021 decided on 20.04.2021. Neither the respondents in their counter affidavit nor during the arguments they have given any valid reason for such delayed payment of retiral benefits. In light of the judgment of the Hon'ble Apex Court in S.K. Dua. Vs. State of Haryana & Anr. ( 2008) (3) SCC 44, the applicant is entitled to get interest on delayed payment of retiral benefits. In view of this, the following order shall pass:-
(i) The applicant is directed to make fresh representation along with her willingness to deposit the lump sum contribution for 10 years, as per prevailing contribution rate of CGHS Delhi to become a member of the Pensioners medical scheme. This representation along with the payment shall be made by the applicant within a period of three weeks from the date of receipt of a certified copy of this order.
(ii) On receipt of the said representation, the respondents shall consider the same and take appropriate action by passing a reasoned and speaking order thereon within three weeks from the date of receipt of such representation.
(iii) The respondents are also directed to pay interest on the delayed payment of retiral benefits at appropriate GPF rate applicable at that time for the period of delay from the date of superannuation till the date of such payment."
2. Compliance affidavit has been filed on 15.01.2025, however, the same is not on record. A copy of the same has 3 CP No.651/2024 in OA No. 602/2022 Item No. 10 (C-3) been provided for perusal. Compliance affidavit states that the speaking order has been passed on 02.01.2025, disposing of the pending representation of the applicant and the interest amount on delayed payment has also been released to the applicant. Learned counsel for the respondents has handed over a cheque of amount of Rs. 6,63,725/- in the Court itself to the learned counsel for the applicant.
3. We have, therefore, concluded that there is no reason to continue the Contempt Petition. Accordingly, the Contempt Petition stands closed. Notices are discharged.
4. The applicant shall be at liberty to assail the order dated 02.01.2025, as per law.
(Dr. Chhabilendra Roul) (Pratima K Gupta)
Member (A) Member (J)
/aks/