P.K. MEHRA Vs. CHIEF SECRETARY

JUDGEMENT

(1.) IN this Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for a direction to the respondents to sanction and pay him leave encashment with interest @ 12% per annum till the date of payment.

(2.) BRIEF facts: The applicant, while working as Superintendent/CDPO in the Social Welfare Department, Government of NCT of Delhi, retired on 31.5.2008 on attaining the age of superannuation. As the respondent -Department failed to pay him leave encashment, the applicant made a representation dated 18.4.2012 (Annexure 1) to the respondent-Department for payment of leave encashment as per the provisions of Rule 39(2)(a) of the CCS (Leave) Rules, 1972 and also for payment of interest thereon @ 12% per annum. There being no response, he had filed OA No. 1507 of 2012. The Tribunal, vide order dated 8.5.2012(Annexure A/2), directed the respondents to take a decision on the applicant s representation dated 18.4.2012 within a period of four weeks. Thereafter, the respondent -Department sanctioned Rs. 2,86,830/ - towards leave encashment, vide order dated 14.9.2012 (Annexure -A/4), without any interest thereon. Hence the applicant has filed the present O.A. In support of his claim for interest on delayed payment of leave encashment, the applicant has relied on the decision of the Tribunal in Rajeshwari Chauhan v. Chief Secretary, Govt. of NCT of Delhi and others, OA No. 3322 of 2011, decided on 31.1.2012 (Annexure A/5).

(3.) OPPOSING the claim of the applicant, the respondents filed a counter reply on 20.12.2013. Subsequently, the respondents filed MA No. 1585 of 2014 praying for permission to amend the counter reply filed on 20.12.2013. The said MA No. 1585 of 2014 was allowed by the Tribunal, vide order dated 23.9.2014, and the amended counter reply filed along with the MA No. 1585 of 2014 was taken on record.