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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
North Delhi Municipal Corporation – Appellant
Versus
Santosh Devi – Respondent
| Table of Content |
|---|
| 1. challenge to payment of interest due to delay (Para 2 , 3) |
| 2. tribunal's directions on payment of retirement benefits (Para 4) |
| 3. petitioner's arguments on interest payments (Para 5) |
| 4. court's decision to dismiss the writ (Para 6) |
| 5. final orders on costs and closure of applications (Para 7) |
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
Negligence in timely payment of retiral benefits constitutes a financial burden on dependents, necessitating interest payments for delays.
A claim for interest on delayed retiral benefits cannot be maintained independently without a prior order directing payment, particularly if disciplinary proceedings are pending.
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