UNION OF INDIA Vs. TARACHAND

JUDGEMENT

(1.) Heard learned advocate Ms.Krishna Rawal for the petitioner-Union of India through Director General of Post. Though served with the notice of this Court, none has appeared on behalf of the respondent.

(2.) What is sought to be called in question by filing this Special Civil Application is order dtd. 11/6/2018 in Original Application No.53 of 2017 passed by Central Administrative Tribunal, Ahmedabad Bench. Thereby the Tribunal directed the respondents therein to pay interest on the death-cum-retirement gratuity and on commuted pension to the applicant. The applicant had prayed before the Tribunal for releasing death-cum-retirement gratuity (DCRG) amount, leave encashment etc. with 9% interest.

(3.) The facts inter alia in the background were that the respondent herein-original applicant was an ex-Mail Overseer in the Valsad Sub Division. He was identified as subsidiary offender in the act of misappropriation committed by one N.D. Patel, the employee higher in the hierarchy. Chargesheet dtd. 19/6/2011 under Central Civil Services (Classification, Control & Appeal) Rules, 1965 was issued. While the inquiry was pending, respondent stood superannuated with effect from 30/6/2011. He was granted provisional pension, however under the Pension Rules, his pensionary benefits were withheld. It appears that inquiry was completed and thereafter in consultation with UPSC, by order dated 08 th July, 2015, respondent-employee was imposed penalty of 10% cut in the monthly pension.