Negligence in timely payment of retiral benefits constitutes a financial burden on dependents, necessitating interest payments for delays.

JUDGMENT

[Court hearing convened via video-conferencing on account of COVID-19]

Rajiv Shakdher, J. (Oral):

CM APPL.9578/2022

1. Allowed, subject to just exceptions.

W.P.(C) 3299/2022

CM APPL. No.9577/2022[Application filed on behalf of the petitioner for interim relief]

CM APPL. No.9579/2022[Application filed on behalf of the petitioner for taking on record additional documents]

2. This writ petition is directed against the order dated 20.08.2018, passed by the Central Administrative Tribunal [in short, the "Tribunal"] in O.A. No.1479/2017.

2.1. As per the prayer made in the writ petition, the challenge laid to the order dated 20.08.2018 is confined to payment of interest for the delay that occurred in making requisite payments to the respondent.

3. According to us, this is one of those gross cases where the petitioner's/NDMC's apathy towards its employee, one, Mr Brij Lal Premi led to a situation where his retiral benefits were not paid upon his retirement. This state continued to obtain even after Mr Premi's death.

3.1. Concededly, the petitioner/NDMC misplaced the service book of the deceased employee i.e., Mr Premi.

3.2. To begin with, Mr Premi was employed as a Head Clerk with the erstwhile avatar of the petitioner/NDMC.

3.3 Mr Premi retired from service on 31.01.1998. As noticed above, Mr Premi's retiral dues were not paid.

3.4. Mr Premi expired in 2015. The respondent i.e., the widow of Mr Premi was, thereafter, made to run from pillar to post to claim the retiral benefits.

3.5. As a matter of fact, the respondent had to employ the Right to Information (RTI) route to ferret out relevant information from her deceased husband's employer i.e., the petitioner/NDMC.

4. It is in this context that the Tribunal, via the impugned order, passed the following operative directions:

"8. In the event, respondents are direction as under:-

i) The GPF amount having been paid on 18.12.2017 after delay of about 19 years, the respondents shall now pay interest on this amount, at GPF rate for this entire period with effect from Date of Retirement in 1998 till 18.12.2017, within eight weeks from the date of receipt of a copy of this order.

ii) The GIS payment has also been paid on 19.04.2018 after delay of almost 19 years. The amount paid is Rs.3141/-. The interest on this amount of Rs.3141/- at GPF rate shall also be paid for this entire period with effect from Date of Retirement in 1998 till 19.4.2018, within a period of eight weeks from the date of a copy of this order.

iii) Respondents are further directed to recreate the service book from whatever is available with them and work out all retiral dues e.g. leave encashment, pension, family pension etc. and pay the same along with interest at GPF rate for the entire period with effect from Date of Retirement till the time of payment, within a period of eight weeks of receipt of a copy of this order. The due date of payment, for the purpose of interest in respect of monthly pension, shall be reckoned as the month when it actually became due.

9. The OA is disposed of accordingly. In case, the benefits are not released within this period of eight weeks, the applicant shall be at liberty to approach the Tribunal again through a contempt petition. In such an eventuality, which Tribunal hope will not arise, it is also directed that respondent will be personally present during hearing..."

5. Ms Namrata Mukim, who appears on behalf of the petitioner/NDMC, says that, as indicated in the prayer made in the writ petition, the only aspect which the petitioner seeks to agitate before the Court concerns the direction for payment of interest.

5.1. Ms Mukim has drawn our attention to An