UNION OF INDIA Vs. MITHAULI DEVI

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 24.11.2006, passed by the Central Administrative Tribunal, Allahabad Bench, by which the learned Tribunal has allowed the interest on the amount withheld unjustifiedly by the present petitioner, Union of India for a period of 9 years.

(2.) SHRI Piyush Mishra, learned counsel for the petitioners has submitted that the finding has been recorded by the learned Tribunal in the impugned judgment that the ex gratia payment from July, 1995 to June, 2004, i.e., for a period of 9 years has been withheld without any justification. Therefore, interest on the said amount was not payable. Learned counsel for the petitioners has further submitted that the amount of ex gratia payment to the respondent was illegal, as her deceased husband was not entitled for pension, and therefore, the impugned judgment and order is liable to be set aside. It is further submitted by SHRI Mishra that though this issue has never been agitated by the petitioner before the Tribunal, the issue being the pure question of law, he is entitled to agitate the same before this Court.

(3.) SO far as the impugned order dated 24th November, 2006 is concerned, admittedly, there was a delay of 9 years in making the ex gratia payment, which the respondent was entitled in view of the decision taken by the petitioners themselves. In the facts and circumstances of the case, direction for making the payment of interest is justified.