MD. FARID Vs. UNION OF INDIA

JUDGEMENT

(1.) A legal tussle has spiraled up to this Court seeking a quietus to the primary issues as to whether an employee is entitled to interest on the withheld amount of gratuity upon acquittal in the criminal proceedings pending against him on the date of his retirement and as to whether the provisions of the Payment of Gratuity Act 1972, (hereinafter referred to as the 1972 Act) would override the provisions of the Railway Services (Pension) Rules, 1993 (hereinafter referred to as 1993 Rules).

(2.) The order dtd. 23/9/2022 of the learned Central Administrative Tribunal, Kolkata Bench, Kolkata (hereinafter referred to as learned Tribunal) passed in connection with the Original Application 350/461/2020, is the subject matter of challenge in the present writ petition. By the said order the learned Tribunal refused the petitioner's prayer to direct the respondents to pay interest for delayed payment of the gratuity, which was withheld for about 13 years from the date of his retirement i.e., 31/12/2006.

(3.) The brief facts are that the petitioner was a Carpenter under the Railways. He joined his services on 6/3/1983 and was superannuated on 31/12/2006 from the post of Technician/Gr.II/ Carpenter under the Senior Sec. al Engineer /N.F. Railways/ Barsoi. On his retirement, all payable retiral benefits were disbursed to him except the gratuity amount and the commutation value, which was withheld on account of pendency of a criminal proceeding being ST Case no.303/365 of 2001 under Sec. 302/ 307/ 380 /452 of IPC before the learned ADJ (FTC) 3rd Court at Katihar. By a memo no. DRM(P) dtd. 7/5/2007 it was communicated that the eventual release of withheld gratuity amount would depend on the outcome of the pending criminal proceeding. Consequent upon acquittal of the petitioner from the criminal charges by the judgment delivered by the learned ADJ, FTC 3rd, Katihar on 30/6/2018, the respondents released the gratuity amount of ?.1,00926/- but without any interest and the said amount was credited to the petitioner's account on 19/4/2019. The petitioner thereafter by a letter dtd. 20/1/2020 to the G.M /NF /RLY Maligaon (Assam), CPO /MLG /NF Railways, DRM /Katihar /NF Railways claimed cumulative compound interest @12% on the gratuity amount, to be calculated from the date of his retirement and paid within 2 months after deducting the amount from the salary of the officer responsible, who illegally withheld the interest despite 'No Dues Certificate', issued by Senior Sec. al Engineer/ North Frontier Railway/ Barsoi to the General Manager (Personal), Katihar.