UNION OF INDIA AND ORS. Vs. DAYA RAM

JUDGEMENT

(1.) BY way of the present petition, the Petitioner seek quashing of order dated 13.09.2013 passed by the Central Administrative Tribunal in O.A. No. 94/2013, whereby the Tribunal has directed the Petitioners to pay interest to the Respondent in accordance with the rate as applicable to General Provident Fund in that particular year from the date he was due for grant of payment of retrial benefits in respect of his pre -mature retirement.

(2.) THE brief facts of the case are that the Respondent was pre -maturely retired on 15.09.2006 vide order dated 14.06.2006 against which he instituted O.A. No. 1869/2006 before the Central Administrative Tribunal, New Delhi, which was decided vide order dated 29.05.2007 directing the Petitioner No. 2 to consider and decide the representation of the Respondent by means of reasoned order. The Petitioner No. 3 rejected the representation of the Respondents against which the Respondent filed O.A. No. 1833/2007 which was dismissed Tribunal vide order dated 03.06.2009. The Respondent filed a Writ Petition (Civil) No. 11595/2009 challenging the aforesaid order of this Tribunal before the High Court of Delhi, which is pending consideration and adjudication while in the meantime, the Respondent filed his pension papers duly complete in all respect and duly attested by Petitioner No. 3 on 12.09.2006 and the same were forwarded to the competent sanctioning authority, i.e. Petitioner No. 2 on 04.10.2006. However, the Petitioners vide letter dated 03.03.2010 directed the respondent to submit the medical certificate for commutation and photographs for sanctioning the pension which was submitted on 15.04.2011, the Petitioners instead of granting retiral dues to the respondent directed him to apply for provisional pension against which he filed an O.A. No. 3614/2011. During the pendency of the said O.A., the Petitioners released the retirement benefits to the Respondent on 16.01.2012 and the General Provident Fund amount on 01.03.2012. Thereafter, the said O.A. was finally decided vide order dated 07.07.2012 taking note of the fact that pensionary benefits have been released to the Respondent and only issue of interest on the delayed payment was left. The Learned Tribunal directed the Respondent vide the said order to submit a representation before the competent authority and further directed the Petitioners to pass a reasoned and speaking order on the same. It was in pursuance of the order of the Learned Tribunals that the order dated 15.10.2012 was passed.

(3.) THE Learned Counsel for the Petitioners further contended that the Tribunal failed to take note that after submission of the pension papers by the Respondent, the Petitioner authorities acted expeditiously. It is submitted that on 06.09.2011, Petitioner No. 2 was requested to issue necessary orders for sanction of pension of the Respondent and after getting the documents completed, the SPO Gurgaon sanctioned the pension of the Respondent and sent the calculation sheet to petitioner No. 2 on 13.12.2011 and upon the receipt of the same, Petitioner No. 2 informed the Post Master, Gurgaon, to make arrangement for payment of pension to the Respondent. Thereafter, on 06.02.2012, SPO, Gurgaon informed that payment of DCRF and commutation of pension had been paid to the Respondent on 16.01.2012. Further, on 01.03.2012, leave encashment, CGEIS and General Provident Fund final payment also stood paid to the Respondent.