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(ii) To release 12% interest on arrear pension of Rs.

7,99,692/- for the period from 01.10.2005 to 22.09.2015 within a stipulated time.

(iii) To release 12% interest on arrear leave salary of Rs. 1,50,936/- for the period from 01.10.2005 to 31.01.2009 within a stipulated time."

2. Respondent No.3, Pr. Accountant General (A&E), Odisha has filed counter objecting to the relief claimed by the applicant. It is submitted that the applicant retired voluntarily w.e.f. 29.09.2005. The Addl. Secretary to the Govt., Forest and Environment Department, Bhubaneswar vide letter No. 2323 dated 04.02.2013 submitted pension papers of the applicant and, on verification thereof, office of Resp. No.3 sought clarification from the pension sanctioning authority vide letter dated 20.02.2013. Addl. Secretary to Govt., Forest and Environment Department, Bhubaneswar vide letter dt. 26.06.2015 furnished the required information for authorization of pensionary benefits and, accordingly, office of respondent No.3 authorized the pension vide letter dated 06.08.2015 (R-3/1 series). Gratuity of Rs. 3,50,000/- was withheld for want of detailed recovery particulars of HBA/Interest from 1996-97 to 2005-2006. Office of Resp. No.3 vide letter dated 05.08.2015 followed by reminder dated 04.12.2015, had called for information from pension sanctioning authority for release of Gratuity an, on receipt of recovery particulars of HBA, Gratuity was released vide letter dated 09.03.2016 (R-3/2 series). Hence, it is submitted that interest on delayed payment of Pension and Gratuity is not attributable to the office of Respondent No.3. It is further submitted that as per para-2 of the procedure for disbursement of pensionary benefits circulated by the Ministry of Personnel, Public Grievances and Pensions (Department of Pension & Pensioner Welfare) vide G.I.O.M. No. 38/64/98-P&PW(F) dated 05.10.1999 (R-3/3), no interest is payable on delayed payment pension/commuted value of pension. Further, in para 2(f) of the said O.M., it has been clarified that there is no provision under CCS (Leave) Rules for payment of interest on delayed payment of leave encashment. Accordingly, it is submitted that there being no delay on the part of the Respondent No.3, the OA should be dismissed.

3. Counter has also been filed by Respondent No.1, State of Odisha, inter alia stating that applicant had filed OA No. 566/2006 to regularize and update his service book and to finalize and for payment of all the retiral dues with 9% interest per annum. Pursuant to the order of this dated 31.10.2008 in the said OA No. 566/2006 to release his dues along with interest as per rules, respondents vide order dated 08.09.2016 (A/10 to the OA) explaining all the factual position regarding delay in sanction of the pension and pensionary benefits, complied with the order of this Tribunal. Pension was released vide order dated 06.08.2015 but the Gratuity amount was withheld as the applicant had not submitted No Due Certificate in respect of house building advance availed by him, at the time of submission of his pension paper for which it took some time to collect the recovery particulars of HBA and on receipt of information, Gratuity was paid to the applicant vide order dated 09.03.2016. It is submitted that the claim of the applicant for 12% interest on delayed payment of leave salary and arrear pension etc. is not admissible on the ground that he had not submitted his up-to-date service book/no due certificate at the time of submission of his pension papers for that it took time to regularize his service period from different station/fixation of pay in the IFS senior time scale/to draw his arrear salary of fixation of pay/issue of revised LPC/regularize his deputation period by the Pr. AG (A&E), Odisha, which was procedural delay. Accordingly, they have prayed for dismissal of the OA.

4. Applicant, by filing rejoinder, has objected to the submissions of the respondents inter alia stating that he retired voluntarily w.e.f. 30.9.2005 but his final pension was released after a long lapse of time on 06.08.2015, i.e. after about 10 years of his retirement, and his Gratuity was further delayed for release. The reason of delayed payment is purely attributable to the respondents. The order of this Tribunal dated 08.01.2016 in OA 867/2015 was never complied by the State respondents and the order dated 08.09.2016 was never communicated to him. It is submitted that the last payment of installment in respect of HBA availed by him was available in the LPC, which was enclosed to the pension papers and, therefore, the applicant is no way responsible to obtain the No Due Certificate and it was the responsibility of the authority, who forwarded the pension papers, to obtain No Due Certificate. If the DCRG amount is not paid within three months of retirement, appropriate interest has to be paid to employee concerned under the provision of Rule 19-A of All India Services (DCRG benefit) Rules, 1958. Further, as per the decision of the Hon'ble Apex Court in the case of O.P.Gupta Vs. UOI, S.C.-2012 (4) SCC 328, 12% interest is payable for the delayed payment of gratuity and other pensionary dues. Hence, the applicant has prayed for the relief as claimed in this OA.