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2020 Supreme(Chh) 153

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
BHARAT SANCHAR NIGAM LIMITED – Appellant
Versus
GOPAL PRASAD JAISWAL – Respondent


Advocates Appeared:
Sandeep Dubey, Advocate

JUDGMENT

Parth Prateem Sahu, J. - Challenge in this writ petition is to the order dated 18-11-2019 passed by Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting, Bilaspur (for short "C.A.T.") in Original Application (OA) No. 203/00297/2016 whereby the C.A.T. has allowed the OA and awarded interest @ 8% p.a. on delayed payment of the amount of leave encashment.

2. Facts of the case are that respondent/ applicant on attaining the age of superannuation was provisionally retired on 30-11-2012 from the post of Sub Divisional Engineer of the petitioner department. On the date of superannuation, he was served with a charge-sheet under Rule 36 of BSNL (CDA) Rules, 2006. On the same date, i.e. on 30-11-2012 Annexure A-7 (as reflected in impugned order) was issued granting provisional pension to the respondent/ applicant and withholding of commuted value of pension and the amount of DCRG (Death cum Retirement Gratuity) till conclusion of the disciplinary proceedings. Subsequently, the respondent/ applicant was exonerated from the charges levelled against him vide order dated 08-04- 2014.

3. The grievance of the respondent/ applicant before the C.A.T. was that there was no office

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