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 order for withholding the benefit/amount of leave encashment accrued in favour of the respondent/ applicant on account of his superannuation from services. The petitioners/ respondents disbursed the leave encashment in parts, first part to the tune of Rs. 2,93,170/- which was disbursed on 28-09-2013 and the balance amount of Rs. 3,25,000/- was paid vide order dated 29-04-2014. Looking to the unreasonable long delay in payment of his leave encashment amount which is part of retiral dues accrued to him on attaining age of superannuation, he moved an application to the authority of department for grant of interest on the delayed payment of the amount of leave encashment which was rejected, which made the respondent/ applicant to file OA before the C.A.T. with the following prayers:

"8.1 The Hon'ble Tribunal may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for its kind perusal.

8.2 The Hon'ble Tribunal may kindly be pleased to pass/ issue suitable order and quash/ set-aside the letter dated 16-09-2014 (Annexure A/9) issued by the respondent No. 4 to the extent the claim of the applicant for interest on delayed payment of the amount of leave encashment has been rejected in substance;

8.3 The Hon'ble Tribunal may kindly be pleased to issue direction commanding the respondent authorities to make payment of interest to the petitioner for delayed payment of the amount of leave encashment.

8.4 Any other relief, which this Hon'ble Tribunal may deem fit and proper, may also be passed in favour of the applicant;

8.5 Cost of this application may kindly be awarded."

4. The OA filed by the respondent/ applicant was resisted by the petitioners mainly on the ground that there is no provision of awarding interest on delayed payment of leave encashment to any employee. As per CCS(Leave) Rules, 1972, the Department of Personnel and Training clarified that there is no provision under leave rules for payment of interest. Leave encashment benefit is under the Leave Rules and since there is no provision for grant of interest in Leave Rules, interest cannot be granted. The C.A.T. after hearing learned counsel for the respective parties, allowed the OA and awarded interest @ 8% p.a. from the date of withholding of the amount till the date of its actual payment.

5. Learned counsel for the petitioners submits that the disbursement of leave encashment amount accrued in favour of the respondent/ applicant was withheld on account of disciplinary action initiated against him by issuing charge-sheet. It is also pointed out that under the service rules, there is no provision for awarding any interest on the delayed payment of the leave encashment amount. Mainly on the aforementioned ground the learned counsel for the