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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
S.S. Chauhan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction and relief sought for delayed retirement benefits. (Para 1 , 2 , 3) |
| 2. court's reasoning for not interfering with tribunal's order. (Para 4) |
| 3. dismissal of writ petition and closure of applications. (Para 5) |
JUDGMENT
Rajiv Shakdher, J. (Oral)
1. This writ petition is directed against the order dated 23.03.2021, passed by the Central Administrative Tribunal [in short "the Tribunal"] in O.A. No. 650/2021.
2. Mr Sanjay Kumar, who appears on behalf of the petitioner, says that, the only grievance of the petitioner, which survived in the second round before the Tribunal, concerned payment of interest delayed release of retiral benefits.
3. On the last date i.e., 09.11.2021, we had asked Mr Kumar to place on record a copy of the O.A.No.420/2013, which was filed by the petitioner in the first round.
3.1. Pursuant to the aforesaid order dated 09.11.2021, Mr Kumar has placed a copy of the O.A. No.420/2013 on record. The reliefs sought in the said O.A. are set forth hereafter:
"(i) To call for the records of the case;
(ii) To quash and set aside the impugned charge memo No. C.No.5-vig/Dl-IV/2012/3306 dated 30.07.2012;
(iii) To direct the respondents to c
A claim for interest on delayed retiral benefits cannot be maintained independently without a prior order directing payment, particularly if disciplinary proceedings are pending.
The Tribunal has authority to issue interim orders directing benefits during unresolved proceedings, contingent on the merit of the original application.
Negligence in timely payment of retiral benefits constitutes a financial burden on dependents, necessitating interest payments for delays.
The subsequent Original Application was barred by res judicata as it sought the same relief as the earlier application, which had been decided and upheld by the court. The court also held that the le....
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