BHARAT SANCHAR NIGAM LIMITED Vs. GOPAL PRASAD JAISWAL

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 18-11-2019 passed by Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting, Bilaspur (for short "C.A.T.") in Original Application (OA) No. 203/00297/2016 whereby the C.A.T. has allowed the OA and awarded interest @ 8% p.a. on delayed payment of the amount of leave encashment.

(2.) Facts of the case are that respondent/ applicant on attaining the age of superannuation was provisionally retired on 30-11-2012 from the post of Sub Divisional Engineer of the petitioner department. On the date of superannuation, he was served with a charge-sheet under Rule 36 of BSNL (CDA) Rules, 2006. On the same date, i.e. on 30-11-2012 Annexure A-7 (as reflected in impugned order) was issued granting provisional pension to the respondent/ applicant and withholding of commuted value of pension and the amount of DCRG (Death cum Retirement Gratuity) till conclusion of the disciplinary proceedings. Subsequently, the respondent/ applicant was exonerated from the charges levelled against him vide order dated 08-04- 2014.

(3.) The grievance of the respondent/ applicant before the C.A.T. was that there was no office order for withholding the benefit/amount of leave encashment accrued in favour of the respondent/ applicant on account of his superannuation from services. The petitioners/ respondents disbursed the leave encashment in parts, first part to the tune of Rs. 2,93,170/- which was disbursed on 28-09-2013 and the balance amount of Rs. 3,25,000/- was paid vide order dated 29-04-2014. Looking to the unreasonable long delay in payment of his leave encashment amount which is part of retiral dues accrued to him on attaining age of superannuation, he moved an application to the authority of department for grant of interest on the delayed payment of the amount of leave encashment which was rejected, which made the respondent/ applicant to file OA before the C.A.T. with the following prayers: