UOI Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE Union of India and its officers have preferred the instant petition against order dated 18.10.2011 rendered by the Central Administrative Tribunal Chandigarh Bench (for brevity the Tribunal) whereby directions have been issued to the applicants to pay all retiral benefits like gratuity amounting to Rs.1,98,000/-, leave salary Rs.1,20,000/- and balance amount of GPF Rs.65,000/-.

(2.) THE Tribunal has recorded its finding that in the criminal case before the Court of Special Judge Anticorruption, Jammu, the original applicant stands acquitted vide order dated 30.04.2010. It is appropriate to mention that in the departmental enquiry also the original applicant-respondent was exonerated. However a disagreement note was prepared. Thereafter an adverse order was passed and challenged before the Tribunal. The Tribunal in OA no. 480-JK of 2008 held on 13.05.2010 that considerable time had elapsed and, therefore, there was no justification on the part of competent authority in withholding the claimed retiral benefits. Taking up the individual items, the Tribunal proceeded to opine that the amount of leave salary could not be withheld because it is earned by the employee by working on the days when he could have availed leave. It is in other words, salary in lieu of the unutilized period of permissible leave period. Accordingly, the balance in his GPF account by all means belongs to him and its disbursement could not have been denied on account of pendency of any matter whatsoever. Even gratuity could not have withheld for a long period because the original applicant-Ujjagar Singh Talwar had superannuated from service on 28.02.2003. The direction issued by the Tribunal would be obvious from reading of paras 8 and 9 which are as under:-

(3.) AT the time of hearing, Mr. Ajay Sharma, learned counsel for the appellants has submitted that the GPF with interest works out to be Rs.1,50,800/- and a cheque no. 222213 dated 15.04.2013 drawn on the State Bank of India, Jammu, in that regard, has been handed over to the original applicant in the Court. On account of leave encashment interest @ 9% works out to be Rs.89,685/- and a cheque no. 222690 dated 13.04.2013 drawn on the State Bank of India in favour of the original applicant has also been handed over to him in the Court. Likewise, a cheque no. 222789 dated 15.04.2013 representing the sum of Rs.76,789/- has also been handed over to Mr. Ujjagar Singh Talwar who is present in the Court. Similarly, cheque no. 222791 dated 15.04.2013 for sum of Rs.1,61,313/- on account of interest @ 9% has also been handed over to the original applicant. A photocopy of each of the cheque has been kept on record alongwith communication dated 15.04.2013 sent by the Sr. Superintendent of Post Offices, Jammu Division, Jammu.