UNION OF INDIA Vs. NAKUL RAM DIWAN

JUDGEMENT

(1.) Correctness of the verdict passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') as per Annexure-P/1, awarding interest for the delay in disbursement of the pensionary benefits to the Respondent herein, who was the applicant before the Tribunal, is the subject matter put to challenge at the instance of the Respondents in the OA.

(2.) Heard Mr. B. Gopa Kumar, the learned Assistant Solicitor General for the Petitioners and Mr. B. P. Rao, the learned counsel appearing for the Respondent at length.

(3.) The gist of the factual matrix reveals that the Respondent was working as a Postman in the Postal Department, who, on attaining the age of superannuation, retired from the service on 31.01.2006. The Respondent was eligible to have pension as per relevant rules with reference to the number of completed years of service, which however has undergone substantial change by virtue of the Department of Pension and Pensioners' Welfare (DOPPW) Office Memorandum (OM) dated 10.12.2009. Eligibility for getting pension was reduced to 20 years (instead of 33 years) and the rate was also enhanced, by virtue of which a sizable amount was payable to the Respondent. On coming across the said OM, a representation was preferred on 07.11.2017, which was considered and arrears were worked out as Rs. 2,51,290/-, which was disbursed to the Respondent. This however, was not adequate enough, according to the Respondent, who moved the Tribunal by filing the OA with the following prayers, also claiming for interest: