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2023 Supreme(Cal) 1350

I. P. MUKERJI, SHAMPA DUTT (PAUL)
K. Appavoo – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anjili Nag.
For the Respondents: Shatadru Chakraborty, Dibesh Dwivedi.

JUDGMENT :

1. We have examined the impugned order of the Central Administrative Tribunal dated 17th October, 2023. We have heard learned counsel for the parties.

2. Our attention was drawn to the Rule 65 of Central Civil Services (Pension) Rules, 2021 which is inserted below:

    “65. Interest on delayed payment of gratuity, pension and family pension:

(1) In all cases where provisional pension or provisional family pension or provisional gratuity has not been sanctioned in accordance with these rules or where the payment of pension or family pension or gratuity has been authorised later than the date when its payment becomes due, including in the cases of retirement otherwise than on superannuation, and it is clearly established that the delay in payment was attributable to administrative reasons or lapses, interest shall be paid on arrears of pension or family pension or gratuity at the rate and in the manner as applicable to General Provident Fund amount in accordance with the instructions issued from time to time:

Provided that no interest under this sub-rule shall be payable if the delay in payment was caused on account of failure on the part of the Government servant or the pensioner

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