Central Administrative Tribunal - Mumbai
Ajay Ganesh Ubale vs M/O Finance on 19 December, 2025
1 OA No.616/2018
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.616/2018
Dated this Friday the 19th December, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE SHRI UMESH GAJANKUSH, MEMBER (J)
Shri Ajay Ganesh Ubale,
Age - 55 years,
Working as Commissioner, Audit-I,
Commissioner Services Tax,
1, New Central Excise Building,
115, M.K. Road, Churchgate,
Mumbai.
Residing at C/5, Flat No.104, 4th Floor,
Shalaka, Maharashi Karve Road,
Churchgate, Mumbai - 400 020. - Applicant
(In person)
Versus
1) Union of India,
Through the Secretary,
Department of Revenue,
North Block, New Delhi - 110 001
2) The Chairman
Central Board of Excise & Customs,
Room No.159-A,
North Block, New Delhi - 110 001. - Respondents
(By Advocate Mrs. N.V. Masurkar)
ORDER
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203,
S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.12.19 16:21:01+05'30'
Foxit PDF Reader Version: 2024.4.0
Per: Mr. Shri Krishna, Member (A)
The applicant, an IRS officer of 1988 batch, now a senior citizen, has filed this 2 OA No.616/2018 OA under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:
"a. This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining the same, quash and set aside the impugned order No.C-18011/05/09/Ad.II dated 15.05.2018 with all consequential benefits. b. This Hon'ble Tribunal may further be pleased to direct the respondents to pay to the applicant interest @12% on the amount of Rs.8,67,403/-paid to him towards arrears of Leave Salary from 30.03.2010 to 01.06.2018. c. This Hon'ble Tribunal may further be pleased to direct the respondents to pay to the applicant interest @12% on arrears of pay fixation in respect of the period from 14.05.2010 to 31.05.2018 from end of each month when the salary failed due till 01.06.2018. d. This Hon'ble Tribunal may further be pleased to direct the respondents to pay to the applicant full salary and allowance in respect of period from 07.05.2010 to 13.05.2010 along with interest @12% per annum from 31.05.2010 till the date of payment. e. Costs of the application be provided for. f. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed.
2. Brief facts of the case as stated by the applicant in the OA are that the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 applicant was transferred from Mumbai to Delhi on 31.05.2006. He joined in Delhi on 3 OA No.616/2018 20.06.2006 and was further posted to Jodhpur.
The applicant made representation on 20.06.2006 which came to be rejected by the respondents. The applicant remained on leave from the said date of representation. The applicant filed OA No.370/2008 which was disposed of by this Tribunal vide order dated 17.07.2008 directing the respondents to pass appropriate order. The respondents vide order dated 23.09.2008 rejected the representation of the applicant. Therefore, the applicant filed OA No.76/2009 which came to be allowed by this Tribunal on 30.03.2010 holding that the transfer order dated 31.05.2006 was in violation of the transfer policy. The above order of the Tribunal was served on the respondents on 07.04.2010 requesting the respondents to immediately post the applicant in Mumbai. The applicant made another Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso representation dated 04.05.2010. Subsequently, Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 vide order dated 13.05.2010, the applicant was posted in the office of Chief 4 OA No.616/2018 Commissioner of Central Excise, Mumbai-I. The applicant joined on the said post on 14.05.2010. His pay was fixed in the bottom of PB-IV on provisional basis vide order dated 05.10.2010. The respondents filed Writ Petition No.6157/2010 before the Hon'ble High Court of Judicature at Bombay challenging the order of the Tribunal dated 30.03.2010 passed in OA No.76/2009, which came to be dismissed on 06.06.2016 and order of this Tribunal was upheld. The said Writ Petition came up for hearing before the Hon'ble High Court of Bombay on 06.06.2016 and the same was disposed of by the Hon'ble High Court observing that there was no infirmity in the order passed by this Tribunal.
2.1 The applicant made representation on 13.01.2011 for regularization of the period of his absence from 20.06.2006 to 06.04.2010 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso by adjusting the same against leave/EOL and Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 for treatment of period from 07.04.2010 to 13.05.2010 as compulsory waiting period.5 OA No.616/2018
However, the respondents initiated disciplinary proceedings against the applicant vide charge sheet dated 29.12.2011 alleging unauthorized absence from June 2006 to May, 2010. Thereafter, the applicant made representation dated 09.06.2016 which was followed by representation dated 20.06.2016 and subsequent representation dated 09.12.2016 to implement the order of the Hon'ble Bombay High Court. The respondents passed order on 19.03.2018 dropping the disciplinary proceedings initiated against the applicant and also directed that his absence from 20.06.2006 to 12.05.2010 be regularized.
2.2 The applicant made representation dated 05.04.2018 requesting the Chief Commissioner of CGST and CE, Vadodara Zone to regularize the absence period and pay him Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso outstanding salary arrears from 01.01.2006 Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 with interest. The office of the Chief Commissioner, CGST and CE, Vadodara passed 6 OA No.616/2018 leave order No.08/18 dated 06.04.2018 regularising the period from 20.06.2006 to 12.05.2010 as EL, Half Pay Leave and Extra Ordinary Leave as directed. The applicant's pay was refixed from time to time in the 6th and 7th Pay Commission scales and he was paid arrears of salary on 18.05.2018. On 02.06.2018, the amount of Rs.28,32,400/- came to be deposited in the account of the applicant after deducting 10% TDS amount of Rs.3,28,759/-. The respondent Nos.1/2 issued letter to the Chief Commissioner of Central GST, Vadodara Zone on 15.05.2018 stating that the request of the applicant for grant of interest on arrears of pay had not been acceded. Therefore, the applicant made representation dated 21.03.2018 to respondent No.2 that the period from 07.05.2010 to 13.05.2010 be treated as compulsory waiting Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso period. However, his grievance was not Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 resolved.7 OA No.616/2018
2.3 It is the case of the applicant that the respondents have illegally rejected the applicant's plea that interest on outstanding salary arrears arising out of regularization for the period from 20.06.2006 to 12.05.2010 and also that even though the applicant was available for joining duty on 07.04.2010, he was permitted to join the duty on 14.05.2010.
Therefore, he has submitted that period from 07.04.2010 to 13.05.2010 be treated as compulsory waiting period and the salary for the said period be paid to him. Since the grievances of the applicant have not been addressed by the respondents, the applicant has filed this OA seeking the above relief narrated in para 1 of this OA.
3. After issuance of notice, the respondents have filed their reply and contested the OA.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso 3.1 It has been submitted that the Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 applicant has filed OA No.76/2010 impugning the order dated 23.09.2008 issued by the 8 OA No.616/2018 respondents rejecting the applicant's representation dated 13.05.2008 for deducting the period of posting in the Directorate General of Central Excise Intelligence (DGCEI) prior to 01.01.2005 as per the Circular dated 18.11.1998 for calculating the total exempted tenure in Mumbai and transfer to Mumbai. The said OA was finally decided vide judgement and order dated 30.03.2010 (page 16 of the OA). The operative portion of the order is reproduced below for quick reference.
"12. In the light of the foregoing discussion, this Tribunal is of the considered view that the Transfer Order dated 31.05.2006 so far as it relates to the Applicant is in violation of the Transfer Policy then in force and not sustainable in the eyes of law.
Accordingly, the same is quashed and set aside. The Respondents are directed to reconsider the case of posting of the Applicant in consonance with the Transfer Policy of 20.10.1993 as amended vide order dated 18.11.1998 in the light of observations made hereinabove i.e. by excluding the tenure spent in DGCEI which was excluded from counting of Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso tenure during the relevant period under the Transfer Policy dated 18.11.1998 and Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 pass appropriate orders relating to his posting to Mumbai to an appropriate post for the remaining period of his tenure to his credit at Mumbai. The period of 9 OA No.616/2018 absence from 20.06.2006 onwards should be regulated as per rules by adjusting against Leave due and EOL etc. This exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order."
[Emphasis supplied] 3.2 It has been submitted that the respondents have challenged above judgement by way of Writ Petition No. 6157 of 2010. The Hon'ble High Court was pleased to pass the following ad-interim order on 14.06.2011:-
"2. Arguable questions are raised. Rule. Mr. Shetty, Counsel, waives service of the Rule on behalf of the respondent.
3. So far as interim relief is concerned, the counsel for the respondent submits that the petitioners have already acted upon the impugned decision, and the respondent is presently posted in Mumbai. In the circumstances, the question of granting interim relief as prayed for does not arise. At the same time, we make it clear that this order will not preclude the Department from initiating appropriate proceedings and/or issuing transfer orders in future qua the respondent because of Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso pendency of this petition.(Page 48 of the OA)."
Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 10 OA No.616/2018 The said Writ Petition was dismissed vide order dated 06.06.2016 (page 49 of the OA), however it is clear that the counsels for the Petitioners were not present before the court. 3.3 It has been further submitted that the respondents have passed an order dated 19.03.2018 (Page 51 of the OA), the Chargesheet dated 29.12.2011 was dropped and the competent authority has also ordered that the absence of the applicant from duty from 20.06.2006 to 12.05.2010 may be regularised as per the rules by adjusting against leave due and EOL etc. in compliance of the Hon'ble CAT judgement dated 30.03.2010 in OA No. 76/2009.
3.4 It has been submitted that the competent authority was pleased to pass an order F.No.II/20-04/CCO/2015 dated 06.04.2018 (page 62 of the CA). The applicant is well Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso aware that this order is passed strictly in Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 accordance with the judgement and order of this Tribunal and, therefore, he is not 11 OA No.616/2018 challenging this order in the present OA. It is, therefore, submitted that the applicant is claiming grant of interest on arrears when he was absent from duty during the period 20.06.2006 to 12.05.2010 (page 64 of the OA).
3.5 It has been submitted that the applicant has preferred a representation dated 21.03.2018 (page 65 of the OA) and dated 05.04.2018 (page 55 of the OA), claiming the interest for the aforesaid period. The said request was examined by the office of the Respondent No.1 and was rejected by letter dated 15.05.2018 (page 15 of the OA). The present OA is filed by the applicant against said order.
3.6 It has been submitted that the applicant is not entitled for any interest on arrears paid for the aforesaid period, since the judgement of the CAT is fully complied Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso with and the CAT did not grant any interest Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 which is clear from the mandamus issued by it. It is further stated that there is no 12 OA No.616/2018 provisions in the rules for grant of interest on arrears of such a nature. The respondents are relying upon the judgement and order dated 16.08.1996 of the Hon'ble Supreme Court in the case of Commissioner of Income Tax VS T.P. Kumaran reported in 1996(2) ATJ 665 JT 1996(8) SC 98: CPC 1908, Section 11, Explanation TV, Order 2, Rule 2 - Interest - Res judicata - Employee reinstated - filed a suit for arrears - Arrears directed to be paid - Thereafter filed OA claiming interest - cannot claim interest being barred by principles of res judicata.
3.7 It has been submitted that in the light of the aforesaid position, the present OA is liable to be dismissed with cost.
4. The applicant has filed rejoinder reiterating and elaborating the submissions made in the OA. It has been submitted that Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 this Tribunal vide order dated 30.03.2010, inter alia, directed that "the period of absence from 20.06.2006 onwards should be 13 OA No.616/2018 regularised as per rules by adjusting against leave due and EOL, etc."
4.1 It has been submitted that the judgment and order dated 30.03.2010 was served by the applicant to the respondents on 07.04.2010 requesting to immediately post the applicant at Mumbai. The Respondents issued the posting order on 13.5.2010 and the applicant, accordingly, joined duty on 14.5.2010. The Respondents have regularized the absence from 20.6.2006 to 12.05.2010 as EL and EOL but have failed to regularise the absence of 1 (one) day i.e. 13.05.2010. Of course, if the Respondents have already treated 13.05.2010 as period spent on duty, salary of the applicant for the said day should be paid. The Respondents have penalized the Applicant by not paying salary for the period from 07.04.2010 to 13.05.2010 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso which was entirely on account of the Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 respondents. The Applicant submitted that the respondents cannot be benefitted out of their 14 OA No.616/2018 own failure.
4.2 It has been submitted that after the order dated 30.03.2010 in OA No.76/2009 was issued, the period of delay from 01.04.2010 to 13.05.2010 was on account of the respondents to issue the applicant's Transfer and Posting order dated 13.05.2010. Further, by letter dated 05.10.2010, the applicant's salary was fixed in the bottom of PB-IV pay-
scale provisionally and it was directed that the final fixation of applicant's salary would be made after taking decision regarding the period of his absence. This final fixation of salary was effected by the respondents by an order dated 18.05.2018 after issue of notice by this Tribunal in Contempt Petition No.25 of 2017.
4.3 It has been submitted that it is this deliberate withholding of salary arrears by Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso the Respondents, for which interest is Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 claimed for the period of delay after the order dated 30.03.2010 in OA No.76/2009 was 15 OA No.616/2018 issued. The issue of arrears of salary or interest thereof was neither included nor germane, directly or indirectly, to the subject matter of transfer and posting in OA No.76/2009. The delay in payment of arrears after passing of the order dated 30.03.2010 in OA No.76/2009 is entirely on account of a conscious decision taken by the respondents after 30.03.2010 and evident based on the letter dated 05.10.2010 listed as Annexure A-
5 to the present OA. It is this delay after 30.03.2010 which is the cause of action for claiming interest for the period of delay after 30.03.2010 and could never have been a ground of defence or attack in the former OA No.76 of 2009. Therefore, the Explanation IV under Section 11 of the Civil Procedure Code regarding constructive res-judicata and the law laid down in the case of T.P. Kumaran is Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso not applicable in the present matter. Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0
5. The respondents have in turn submitted the sur-rejoinder reiterating the 16 OA No.616/2018 contentions raised in their reply.
6. Thereafter, the applicant has filed additional affidavit further elaborating his submission by placing reliance on the judgement of Hon'ble Supreme Court in the case of T.P. Kumaran, JT 1996 (8) 98 = AIR Online 1996 SC 983 wherein it has been held as under:
"... Since the arrears were not paid, he filed a Writ Petition in the High Court. The High Court by order dated August 16, 1982 directed the appellant to pay all the arrears.
That order became final.
Consequently, arrears came be paid. Then, the respondent filed an OA claiming interest at 18% p.a.."
6.1. It has been submitted that the facts are listed in Para 4.2 of the present OA. The final Order dated 30.03.2010 in OA No. 76/2009 is attached at Annexure A-21. Paras 3, 12 and 13 of the said Order dated 30.03.2010 in OA No.76/2009 are as follows:
"3. ..... The Applicant has sought the following reliefs:
Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30'
(i) to quash and set aside the impugned order dated 23.9.2008 and the transfer order dated 31.5.2006 qua Foxit PDF Reader Version: 2024.4.0 the Applicant and direct the Respondents to post the Applicant in any posting at Mumbai
(ii) to direct the Respondents to regularize the period 17 OA No.616/2018 between 20.06.2006 till the disposal of the OA without break in service in such a manner as deemed appropriate.
xxx xxx xxx "12. In the light of the foregoing discussion, this Tribunal is of the considered view that the Transfer Order dated 31.5.2006 so far as it relates to the Applicant is in violation of the Transfer Policy then in force and not sustainable in the eyes of law. Accordingly, the same is quashed and set aside. The Respondents are directed to reconsider the case of posting of the Applicant in consonance with the Transfer Policy of 20.10.1993 as amended vide order dated 18.11.1998 in the light of observations made hereinabove i.e. by excluding the tenure spent in DGCEI which was excluded from counting of tenure during the relevant period under the Transfer Policy dated 18.11.1998 and pass appropriate orders relating to his posting to Mumbai to an appropriate post for the remaining period of his tenure to his credit at Mumbai. The period of absence from 20.06.2006 onwards should be regulated as per rules by adjusting against Leave due and EOL etc. This exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order.
13. In the result, the OA stands allowed. No order as to costs."
6.2 It has been submitted that the issue of arrears of salary or interest thereof was neither included in the prayers nor in any orders in OA No.76/2009 nor in the Writ Petition No.6157 of 2010 and never litigated Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 before any judicial forum. The cause of action for the present OA is a letter dated 18 OA No.616/2018 15.05.2018 whereby the respondents have rejected the request for payment of interest.
The facts in T.P. Kumaran show that the issue of arrears was subject matter of a Writ Petition before an OA claiming interest at 18% p.a. was filed.
6.3 It has been submitted that the facts and circumstances of T.P. Kumaran are completely different when compared to the present case in as much as that the issue of salary arrears and interest thereof is a subject matter of the litigation before any judicial forum for the first time. Therefore, the Explanation-IV, Section 11, CPC regarding constructive res Judicata and the law laid down in the case of T.P. Kumaran, is not applicable in the present matter.
7. The respondents in turn have filed counter affidavit to the above affidavit Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso stating that the submissions made in the Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 affidavit cannot be considered as the order was reserved on 14.08.2025. However, the 19 OA No.616/2018 applicant made request for listing the case for speaking to minutes on 21.08.2025 in which he has made new submissions. 7.1 It has been submitted that on perusal of the said affidavit dated 19.08.2025, it has been observed that the applicant has produced copies of the documents in respect of salary arrears received by him (i.e. the correspondence of Vadodara Zone vide which salary arrears was drawn) and an estimated calculation of interest made by him in support to Para 8(b) and 8(c) of the prayer clause of the OA. Details are as below Prayer clause in Para 8(b) of the OA Estimated calculation of interest Interest @12% per annum on amount amount as per said affidavit- para 8(b) of Rs.8,67,403/- paid towards arrears- of leave salary from 30.03.2010 to As per affidavit of the applicant an 01.06.2018 estimated calculation of simple interest @8% per annum works out to Rs.5,55,137/-
Prayer clause in Para 8(c)of the OA- Estimated calculation of interest Interest @12% per annum on account amount as per said affidavit- Para of arrears of pay fixation from 8(c)-
14.05.2010 to 31.05.2018 As per affidavit of the applicant an
estimated calculation of simple
interest @8% per annum works out to Rs.7,24,856/-
Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 Total Rs.12,79,994/-
7.2 It has been submitted that, which is their argument advanced in this matter on 20 OA No.616/2018 14.08.2025, that they have correctly done the payment of arrears of pay to the applicant on the basis of the order dated 30.03.2010 passed by this Tribunal in OA No. 76/2009 vide para 12 of which it states that the period of absence (from 20.06.2006 onward till 12.05.2010) should be regulated as per rules by adjusting the same against leave due and EOL. The respondents have, accordingly, as per the rules when the charge sheet dated 29.12.2011 issued to the applicant under Rule 14 of CCS (CCA) Rules for remaining unauthorisedly absence over 4 and 1/2 years from 20.06.2006 to 12.05.2010 for which Departmental Enquiry was conducted and order dated 19.03.2018 was passed and applicant was issued cautioned (non-recordable), the arrears became due to applicant upon finalisation of major penalty charge sheet as Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso per the rules and vide same order dated Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 30.03.2010, his leave from 20.06.2006 to 12.05.2010 was regularised and order was 21 OA No.616/2018 passed (Annexure A-11) regularizing his absence as per rules by adjusting against leave due and EOL in compliance of Tribunal's order dated 30.03.2010 and all dues were paid to him as per his application dated 05.04.2018 (Annexure A-10) as per Table C and D of the same regarding proposed leave or regularization and the pay fixation under various pay commissions as claimed by the applicant on 06.04.2018 the very next day (Annexure A-ll) without any delay.
7.3 In view of the above, it is submitted that the OA is an abuse of process of law as the applicant has received everything due to him and that he is asking premium for his unauthorised leave under this way. It is submitted that order dated 06.04.2018 is perfectly correct as per the entitlement of the applicant and the OA is liable to be Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso dismissed with exemplary cost as applicant is Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 not entitled to any interest on the payment as there was no delay whatsoever on the part 22 OA No.616/2018 of the respondents in making payment to the applicant. Impugned order is perfectly justified in the facts and circumstances of the case.
7.4 It is submitted that the order dated 06.04.2018 is accepted by the applicant without any demur and has accepted the arrears worked out and paid to him and thereafter he has raised uncalled for issue of interest in abstract and filed this OA only for the purpose of interest which is not maintainable under the law as there is no right flowing to applicant to claim only interest and the right he has stated to have arisen to him under Interest Act also does not apply to the proceedings in abstract and, therefore, it is submitted that OA is devoid of any merits and hence the same is liable to be dismissed with cost.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso 7.5 It is submitted that there is no Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 retrospective application of the order dated 30.03.2010 as tried to be depicted by the 23 OA No.616/2018 applicant in his estimated calculations, which estimated calculation is purely subject to the outcome of the order/decision of this Tribunal in the captioned OA and also on the basis of verification of the calculations which are to be done as per the official records i.e. Service Book of the applicant (Retired from Vadodara Zone). Therefore, it is reiterated that the request of the applicant to place on record said affidavit dated 19.08.2025 along with documents (Annexure A-14 to Annexure A-18) to substantiate his claim for getting interest on delayed payment of arrears of salary may not be entertained at this stage, since it is bad in law considering that the captioned matter was finally heard and already reserved for orders on 14.08.2025.
8. During arguments, the applicant Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso appearing in person has submitted that he is Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 not pressing for the relief claimed in para 8(d) of the OA. Therefore, the arguments were 24 OA No.616/2018 restricted to relief claimed in para 8(a), 8(b) and 8(c) only. Both the sides argued their cases on the basis of pleadings and supported their arguments on the basis of orders passed by this Tribunal in earlier round of litigation, judgment of Hon'ble High Court of Bombay in Writ Petition No.6157/2010 as well as various judicial decisions in their favour.
9. The applicant in person has placed reliance on the following judgments:
(i) Ram Lal Mohobia Vs. State of M.P. & Others, 2017 SCC Online MP 512,
(ii) Tapan Maiti Vs. The State of West Bengal & Ors., 2018 SCC Online Cal 11776,
(iii) Faiyaz Ahmad Vs. State of Bihar, 2022 Supreme (Pat) 847,
(iv) Lal Bahadur Singh Ashant Vs. State of Jharkhand, 2006 Supreme (JHK) 1390.
(v) V.s. Paulraj Vs. The Chairman, 2008 SCC Online Mad 999
(vi) State of Punjab and Others Vs. Krishan Dayal Sharma, AIR 1990 SC 2177.
10. Learned counsel for the respondents, Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso on the other hand, has placed reliance on the Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 judgment of Hon'ble Supreme Court in the case of T.P. Kumaran(supra)and judgement of 25 OA No.616/2018 Hon'ble High Court of Jharkhand at Ranchi in Writ Petition (s) No.1618/2020, Kamla Prasad Vs. Union of India and Ors. decided on 06/17.07.2023.
11. We have considered the submissions of applicant and also the learned counsel for the respondents and given our thoughtful consideration to their arguments and also carefully perused the pleadings and documents on record.
12. The short issue involved in this OA is whether the applicant is entitled for interest on the arrears of salary of Rs.8,67,403/- paid to him on account of arrears of leave salary for the period 30.03.2010 to 01.06.2018 and interest on arrears of the delayed pay fixation in respect of period from 14.05.2010 to 31.05.2018 @12%.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso
13. During the course of hearing on Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0
14.08.2025, it was pointed out by this Bench that how the interest @12% can be allowed 26 OA No.616/2018 when the interest on the GPF is being paid @8%. Therefore, the applicant in person has submitted calculation of interest @8% by way of an additional affidavit submitted on 19.08.2025 which amount to Rs.12,79,994.33/- (Annexure Exhibit A-18 of the affidavit dated 19.08.2025). Initially the order was reserved on 14.08.2025. However, the applicant moved application for speaking to minutes and submitted additional affidavit giving the calculation of interest @8% instead of 12% and also enclosed the order of the Chief Commissioner dated 09.04.2018 for pay fixation, pay fixation order dated 10.04.2018, PAO bills for payment of arrears, pay arrears details and chart of interest calculation.
14. The case was listed on 21.08.2025. Learned counsel for the respondents Mrs. Masurkar submitted that if the applicant is Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso allowed to submit the additional affidavit Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 dated 19.08.2025, the respondents should be allowed to file reply to it. Accordingly, the 27 OA No.616/2018 respondents were granted opportunity to file counter affidavit which they filed on 12.09.2025 and, therefore, the case was finally heard and reserved for orders on 12.09.2025.
15. The case set up by the applicant is that once the respondents have posted him to Mumbai vide order dated 13.05.2010 and the applicant joined on 14.05.2010 and his leave was regularized from 20.06.2006 to 12.05.2010 as EL and was treated as period spent on duty and he was paid salary only in 2018, he is entitled for interest.
16. It has been submitted that the respondents have deliberately withheld the salary arrears of the applicant even after regularizing his leave period he was entitled for the interest as it was his salary which has been kept with the department. He has Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso further submitted that even after the Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 impugned transfer order was quashed and set aside by this Tribunal and upheld by the 28 OA No.616/2018 Hon'ble High Court of Bombay, the respondents have fixed the applicant's salary in the bottom of PB-IV pay scale provisionally and it was directed that final fixation of the salary would be made after taking decision regarding period of his absence and it took 8 long years to the respondents to pay him leave salary for which the applicant has suffered unnecessarily.
17. The respondents, on the other hand, have submitted that the applicant has not claimed interest in that OA and, therefore, his claim is barred by the principles of res- judicata and have placed reliance on the judgment of Hon'ble Supreme Court in the case of T.P. Kumaran (supra).
18. The applicant in his rejoinder has submitted that the ratio of T.P. Kumaran (supra) is not applicable in the applicant's Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso case as in T.P. Kumaran's case, the applicant Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 has claimed interest which was, later on, claimed @18%. The applicant has approached 29 OA No.616/2018 the Tribunal only against his transfer order and the issue of interest was never agitated before the Tribunal.
19. We find that the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Krishan Dayal Sharma, AIR 1990 SC 2177 has held that the Courts have power to award interest on the arrears of salary or pension or other amount to which a Government servant is found entitled having regard to the facts and circumstances of the case.
19.1 We further find that the Hon'ble High Court of M.P. in the case of Ram Lal Mahobia Vs. State of M.P. and Others (supra) has held in para 8 of the judgment as under:
"8. In the considered opinion of this Court, the respondents cannot deprive the petitioner from the benefit of interest. It is settled in law that when the reason for delayed payment is attributable to the department, the employee cannot be deprived from the benefit of salary. [See:(1994) 2 SCC 240) (Union of India Vs. S.S. Sandhawalia)] Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 19.2 Similarly, the Hon'ble High Court of Calcutta in the case of Tapan Maiti Vs. The State of 30 OA No.616/2018 West Bengal & Ors. (supra) has held in para Nos.5, 6 and 7 of the judgment as under:-
"5. This I consider to be a submission valid enough to grant relief in favour of the petitioner. If the settlement of financial dues which an employee is otherwise entitled to has been delayed for which the employee himself has no role to play, the employer must compensate the loss of interest which might have accrued in favour of the employee if the money had been invested.
6. In such a view of it, I direct the State authorities to pay an interest @8% per annum to the petitioner on the arrear of salary to be calculated after the same was sanctioned till the date of actual payment. Such payment is to be made within the period of eight weeks from the date of communication of this order.
7. With the directions as above, the Writ Petition is allowed."
19.3 Similarly, the Hon'ble High Court of Judicature at Patna in the case of Faiyaz Ahmad Vs. State of Bihar & Ors. (supra) has held in para Nos.4, 5 and 6 of the judgment as under:-
"4. In this case, there is absolutely no reason or justification for not making the payments for months together. We, therefore, direct the respondent to pay to the appellant within 12 weeks from today simple interest at the rate of 18 per cent with effect from the date of her retirement, i.e., 31.8.1997 till the date of payments. Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
5. The appeal is allowed to the above extent. 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0
6. That apart, under the Payment of Interest Act, petitioner is entitled to interest on belated settlement of arrears of salary. In the present case, there is inordinate delay from the year 1998 to 2018. No doubt, the petitioner, for the first 31 OA No.616/2018 time, demanded arrears of salary on 20.08.2014 and by virtue of judicial pronouncement, petitioner was extended the arrears of amount on 02.11.2018. Having regard to the fact that the petitioner had demanded arrears of salary from 20.08.2014 and he has retired from service on 31.01.2015 and arrears was settled on 02.11.2018. The petitioner is entitled to interest @8% per annum on arrears of salary of Rs.3,00,274/- (Rupees Three Lakh Two Hundred Seventy Four) during the intervening period from 20.08.2014 to 02.11.2018, the same shall be calculated and disbursed within a period of three months from the date of receipt of this order failing which petitioner is entitled to litigation cost and it is quantified at Rs.25,000/- (Rupees Twenty Five Thousand)."
19.4 Similarly, the Hon'ble High Court of Jharkhand in the case of Lal Bahadur Singh Ashant vs. State of Jharkhand (supra) has held that 'Statutory Interest - Arrears of Salary - The court found that the petitioners, retired teachers, were entitled to statutory interest on arrears of pay from 1.1.1971 to 31.3.1973 and on their GPF amount from 30.11.1976 till November, 1985. The court relied on the order in the case of Hare Ram Pandey Vs. State of Jharkhand and Ors., where it was held that the petitioners were entitled to statutory Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 interest due to the delay in depositing the arrears of salary and GPF amount by the authorities.' 32 OA No.616/2018 19.5 Similarly, the Hon'ble Madras High Court in the case of V.S. Paulraj Vs. The Chairman, Central Board of Trustees and Another (supra) has held in para Nos.14 and 18 as under:-
"14. The Tribunal has considered the direction for interest only by virtue of the fact that earlier decision in OA No.349 of 2004 also adverted to the issue that the officer had been unjustly denied the benefit which he was entitled to, for non fault of his. We are of the view that there was simply no justification for the respondent to have visited the petitioner with denial of all the increments which were due to him; the promotions which were due to him and his stand stood vindicated by the ultimate order which came to be passed by the respondent, when they awarded to the applicant the notional promotion which we have referred to earlier by reference to the order dated 29.03.2007. Therefore, in a case where the applicant has spent the most part of his service only in litigation which have commenced at the instance of respondent which was found to be unjustified, when his stand stood vindicated by favourable orders before the Court, there will be nothing wrong in award of interest. On the other hand, it is to cover such instances of unjustness that the Courts are empowered to award interest under the Interest Act and the award of interest at 8% is also not high and it is in keeping with the reasonable rate of interest in the prevalent economy and the bank rate. We find that it is not a stand alone case, where a person who has been unjustly denied promotion and the financial benefits of the promotion post, to be rewarded with interest. There has been a decision in Nalini Kanth Sinha Vs. State of Bihar, 1993 Supplement (4) STC 748 : 1993 Supp (4) SCC 748 : AIR 1993 SC 1358 : 1993 Lab IC 426 when interest at 9% was awarded on the Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= arrears of pay for the period of wrongful suspension and there arose arrears of gratuity and pension. We are aware 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 of the fact that while disposing of the claim by a person who claimed that he was entitled to the promotion as a Joint Secretary but when he was denied promotion, the Court said that the decision was not to be cited as a precedent. We are not referring to the said decision as a 33 OA No.616/2018 binding precedent which the decision declared it was not but we are referring to another instance where Courts have found in similar circumstances that of interest secured just. We are independently assessing the award of interest in a case which justified such a direction. We are here being confronted with a decision of the Central Administrative Tribunal which in its discretion has thought fit to award interest, but while awarding interest it has reduced the claim for 18% interest to 8% p.a. We are now referring to this only to show that the Tribunal has consciously applied its mind and thought fit to award interest and in our limited area of judicial review under Article 226 of the Constitution of India, we do not think that the discretion which has been made by the Central Administrative Tribunal is wrong or in any way illegal to be judicially interfered with.
xxxx
18. We examined the issue from the point of view of the fact whether interest would be payable in a case where there has been an undue delay in the payment of arrears of pay and, when an employee is hounded without giving him the promotions which were due to him and denying him the increased emoluments and other benefits. VI. Present Disposition: We do not think that there is any illegality or untenable nature of claim to suffer interference in our jurisdiction under Article 226 of the Constitution. Accordingly, we dismiss the writ petition filed by the respondent in the Original Application and also dismiss the application filed by the applicant claiming enhanced interest. In effect, we are confirming the order passed by the Central Administrative Tribunal and direct that the interest component shall be worked out with effect from the date when the order has been passed by the Tribunal in its earlier proceedings on 12.04.2004. No costs."Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0
20. We find that in the earlier round of litigation, the challenge was only to the transfer order which was quashed and set 34 OA No.616/2018 aside by this Tribunal and the applicant was posted in Mumbai. His absence was also regularized by adjusting the leave to his credit. When he was posted to Mumbai in 2010, there was no reason to delay payment of his leave salary for 8 years till 2018. Even when his salary was provisionally fixed, he was placed in the bottom of PB-IV even though his batchments were placed in the higher pay. We further find that in the case of T.P. Kumaran (supra) relied upon by the respondents, the applicant therein has earlier claimed interest which in the subsequent OA was demanded at higher interest rate.
21. In the case at hand, the issue of interest was never raised before the Tribunal or before the Hon'ble High Court. Therefore, the principle of res-judicata is not applicable. The applicant has claimed Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 interest @12% in this OA. However, on a query by this Tribunal as interest on the GPF is @8%, he has submitted a chart giving the 35 OA No.616/2018 calculation @8% which amounts to Rs.12,79,994/-. The respondents in their counter affidavit have not disputed the above computation submitted by the applicant.
22. In view of the above facts and circumstances of the case, the impugned order dated 15.05.2018 rejecting the claim of the applicant for grant of interest on arrears of paid salary cannot be sustained in the eyes of law. Therefore, the same is quashed and set aside. The respondents are directed to allow interest amount on Rs.8,67,403/- towards arrears of leave salary from 30.03.2010 to 01.06.2018 and interest @ 8% on fixation in respect of period from 14.05.2010 to 31.05.2018 amounting to Rs.12,79,994/-. The Original application is allowed in terms of above order and direction.
23. Since the applicant has not pressed Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso for the prayer clause 8(d), the OA is treated Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0 to be party allowed for the statistical purpose. The respondents are directed to 36 OA No.616/2018 comply with the above order within a period of 60 days from the date of receipt of a certified copy of this order.
24. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.19 16:21:01+05'30' Foxit PDF Reader Version: 2024.4.0