DHYAN SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner, Dhyan Singh, retired as the Principal of Government Boys Senior Secondary School, Rana Pratap Bagh, Delhi on 28th February, 1999. He filed O.A. No. 2530/2000 on account of non -payment of his pension, gratuity, etc. The aforesaid O.A. along with application for amendment M.A. No. 971/2001 have been disposed of by the impugned order dated 28th September, 2001. In the said order, the Central Administrative Tribunal, Principal Bench, New Delhi (the tribunal, for short) records that payment of provisional pension was directed by the tribunal vide their order dated 19th March, 2001 passed in M.A. No. 592/2001. The impugned order directs that the respondents would pay interest @ 15% per annum on the delayed payment of provisional pension for the period 1st March, 1999 up to the date of actual payment of the arrears of provisional pension. The impugned order further records that the petitioner would be paid interest on the Group Provident Fund as per the applicable rates for the months of June and July, 1999, as interest upto May, 1999 had already been paid. There is no dispute about the aforesaid directions and the respondents have accepted the order of the tribunal. It may be noted here that the petitioner has been paid provisional pension as he is facing prosecution in a criminal case instituted by Parent Teachers Association on the allegation that he had misbehaved with a student, who was paraded naked. It appears that the said prosecution is still pending.

(2.) THE grievance of the petitioner against the impugned order is limited and is restricted to interest on two accounts; (1) the petitioner was paid leave encashment of Rs.92,182/ - on 19th June, 2001. The tribunal has awarded interest @ 15% per annum from January, 2000 to 30th May, 2001. The petitioner claims that he should be paid interest from the date of his retirement, i.e., 1st March, 1999 till December, 1999 and (b) the petitioner was paid Group Insurance of Rs.33,704/ - on 19th June, 2000 but the tribunal has refused to grant interest for the period between 1st March, 1999 to 24th May, 2001.

(3.) THE tribunal has denied interest on Group Insurance for the following reasons: -