LAWS(KAR)-2016-1-283

UNION OF INDIA AND ORS. Vs. J. JAGANATHAN

Decided On January 04, 2016
Union of India and Ors. Appellant
V/S
J. Jaganathan Respondents

JUDGEMENT

(1.) The order dated 5-2-2014 passed by the Central Administrative Tribunal in O.A. No. 232 of 2013 is called in question in this writ petition. By the impugned order, the Tribunal has directed the petitioners herein to pay interest at the rate of 8% per annum on a sum of Rs. 1,03,790/- (Rupees One Lakh Three Thousand Seven Hundred and Ninety Only) from the date of removal of service till 30-10-2013 (date of payment).

(2.) The records reveal that the respondent was removed from service with effect from 4-7-2012, since misconduct with which he was charged, was held to be proved. The respondent submitted a formal application for payment of pensionary and other benefits to the Department on 2-5-2013. The petitioners being the employers have paid the pensionary benefits along with gratuity, etc., to the respondent-employee on 2-9-2013. Since there was some delay on the part of the petitioners to pay the pensionary benefits to the respondent, he approached the Central Administrative Tribunal by filing O.A. No. 232 of 2013 seeking interest on the delayed period. The Central Administrative Tribunal allowed the application by the impugned order dated 5-2-2014.

(3.) Rules 78, 79, 80 and 81 of the Railway Services (Pension) Rules, 1993 ('Rules' for short) deal with the procedure for preparation of pension papers for the purpose of paying pension.