UNION OF INDIA Vs. KAUSHALYA NANDAN SHARAN

JUDGEMENT

(1.) The challenge in the instant writ petition under Article 226 of the Constitution of India is to the judgment and order dtd. 14/10/2022 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as 'the Tribunal'), whereby Original Application No. 332/00515/2018 filed by the applicant/respondent no.1 herein was allowed and petitioners herein were directed to pay the interest of pension and gratuity due at the rate of G.P.F. from its date i.e. 1/2/2012 to 28/6/2018 within three months from the date of receipt of a certified copy of the order.

(2.) Apparently, in the aforesaid Original Application No. 332/00515/2018, the applicant/respondent no.1 has sought the following reliefs :- "The original application is being filed against the illegal, arbitrary and mala fide actions of the respondents in making payment of retiral dues without interest thereon for the period they illegally withheld the amount of retiral dues despite the decision of this Hon'ble Tribunal dtd. 11/3/2016 and the judgment passed by Hon'ble High Court, Lucknow, by which writ petition the order dtd. 11/3/2016 has been dismissed with cost Rs.5000.00. The applicant further prayed that the respondents may be directed to make payment of interest on delayed payment of retiral dues @12% per annum from the date of retirement i.e. 31/1/2012 to the date of payment i.e. 28/6/2018."

(3.) The petitioners have also challenged the correctness of the judgment and order dtd. 6/7/2023 passed by the learned Tribunal, whereby Review Application No. 332/00004/2023 filed by the petitioners herein seeking review of the aforesaid judgment/order dtd. 14/10/2022 (supra) as well as the application seeking to condone the delay in filing the aforesaid review application were dismissed on the ground that the review application has been filed by the petitioners herein delayed by close to five months i.e. beyond the period prescribed under Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987, hence it cannot be entertainable. B. FACTUAL MATRIX