The court established the principle that an entity causing delay in the release of retiral benefits is liable to compensate the affected individual and may be directed to pay interest on the delayed payments.

JUDGMENT

Talwant Singh, J.

Review Petition 54/2021 in W.P(C) 3981/2017

1. This review petition under Order XLVII Rule 1& 2 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by respondent Smt. Raj Kumari Arora with the following prayers:

"For the facts and circumstances stated in above, it is most respectfully prayed that their lordship of this Hon'ble Court may be pleased to review its order dated 02.12.2019 in WP (C) No. 3981/2017 and direct the respondents to fix the pay of applicant/Review Petitioner after taking into account the intervening period of suspension and denial of joining and after completing said exercise release the entire amount towards gratuity, leave encashment, commutation, insurance amount and pension as well as arrears as per the revision after 6th & 7th CPC. It is also requested to award 120/o interest on aforesaid dues from 2002 till the actual date of payment.

To pass such other and further orders which their lordships of this Hon'ble Court deem fit and proper in the existing facts and circumstances of the case."

2. The order dated 02.12.2019 is sought to be reviewed. The relevant portion of the said order giving the background of the case and the view of this Court is reproduced hereunder:

"1. The South Delhi Municipal Corporation (`South DMC') has challenged an order dated 10th August, 2016 passed by the Central Administrative Tribunal (`CAT'), Principal Bench, New Delhi disposing of O.A. No.3006/2013 filed by Respondent No. 1 and holding that she shall be entitled to all consequential benefits i.e. salary from 21st August, 1990 till 30th April, 2002 (the date of retirement), re-fixation of her pension, gratuity etc., payment of GPF with due interest under the GPF Rules and other retiral benefits.

2. At the outset it requires to be noticed that while directing notice to issue in this petition on 9th May, 2017, this Court passed an interim order to the effect that the Petitioner need not pay Respondent No. 1 the amount claimed by the Respondent in respect of the period between 20th September, 1991 and 30th April, 2002, during which she did not render service, till the next date of hearing.

3. The facts in brief are that the Respondent No. 1 was working as a nursing sister with the erstwhile Municipal Corporation of Delhi (`MCD') at the Colony Hospital, Malviya Nagar. On 21st August, 1990, she was placed under suspension for alleged misconduct. On 20th September, 1991, the suspension was revoked and on the same date she was transferred from the hospital in Malviya Nagar to the Kasturba Hospital, Darya Ganj. The Respondent No. 1 filed Suit No. 1543/1991 in the Court of the Civil Judge challenging the transfer order. Initially, the learned Single Judge stayed the operation of the transfer order. However, despite a stay of the said transfer order, the Respondent No. 1 failed to report either at the Colony Hospital in Malviya Nagar or at the Kasturba Hospital in Darya Ganj.

4. On 6th January, 1994, the MCD issued a charge-sheet upon the Respondent No. 1, which contained three Articles of Charge. During this entire period, Respondent No. 1 did not report for duty. Suit No. 1543/1991 was listed before the learned Single Judge on 27th January, 1997, when the following order was passed in the suit:

"WS to the amended plaint filed. Copy given.

Arguments part heard. It has been stated on behalf of the defendants that the plaintiff can join her duties as a Nursing Sister at Kasturba

Hospital and an order to this effect shall be issued by the MCD within a week from today. Let the plaintiff join the above Hospital on receipt of the order.

In view of the facts and circumstances of the case, I am of the opinion that the department enquiry that is pending against the plaintiff should be expedited. Issue Court notice to the Director, Vigilance, MCD to send the concerned Presenting Officer, alongwith the record of the enquiry to this Court on next date of hearing.

To come up for further arguments on 20.2.9