NM GOEL Vs. UOI

JUDGEMENT

(1.) THE petitioner made the following claims before the Central Administrative Tribunal, Principal Bench, New Delhi in the Original Application No.1058/2010: -

(2.) THE petitioner's said OA was dismissed by the Tribunal by virtue of the impugned order dated 29.11.2010. The petitioner retired from the High Commission of India in UK from the post of Senior Administrative Officer on 31.03.2009 and it is in that backdrop that he has claimed the above -mentioned reliefs.

(3.) IN so far as the petitioner's claim with regard to bonus is concerned, the Tribunal observed that the petitioner was not eligible for bonus because under the prevailing practice, bonus was payable only 12 months after the payment of the last bonus. According to the Tribunal, since the petitioner had been paid bonus for the year 2007 -08 in October 2008, he would have become eligible for bonus only in September 2009, but, by then he had retired on superannuation on 31.03.2009. Therefore, according to the Tribunal, no bonus was payable to the petitioner. After hearing the counsel for the parties on this aspect of the matter, we are of the view that the Tribunal has erred. This is so because the bonus is payable each year. The petitioner had been paid the bonus for the year 2007 -08, but, he has not been paid the bonus for the year 2008 -09 during which he had worked right up to the year - end till 31.03.2009. Thus, bonus is payable for the year 2008 -09. It does not matter as to when it is paid. If it is actually paid, after the person has retired, but for the period during which he was in service, then that person would be entitled for the same. Consequently, we are of the view that the bonus payable for the year 2008 -09 would also have to be paid to the petitioner.