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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Ashok Kumar Malhotra (Retd.) – Appellant
Versus
Border Security Force – Respondent
JUDGMENT :
V. KAMESWAR RAO, J.
1. This petition has been filed with the following prayers:-
“a. Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction of like nature, quashing and setting aside order dated 07/11/2022 issued by the Respondents;
b. Award interest at GPF rates from the date of entitlement of pension or the date of application till actual payment of arrears i.e., 21/12/2020;
c. Award costs of the proceedings;
d. Pass such other/further order in favour of the Petitioner and in the interest of justice.”
2. The petitioner herein assails the order dated 07.11.2022, whereby the respondents have rejected the representation of the petitioner for claim of interest on the ground that there was no delay in the payment of commuted pension on arrears.
3. The submissions of Ms. Esha Mazumdar, learned counsel appearing for the petitioner are the following:-
i. The petitioner is a senior citizen and a retired Captain (Ex-Commandant) from Vayudoot Pvt. Ltd., Safdarjung Airport, New Delhi. He was recruited in December 1972 as a temporary co-pilot in the Air Wing of the Border Security Force (BSF). After nearly ten years of service, he was sent on deputation in January 1982
The court established that the government holds a duty to ensure timely pension payments, and delays lead to potential liability for interest on arrears.
Retirees who commute their pensions are not entitled to arrears for any period before the restoration of pension as per legal provisions and Supreme Court rulings.
A retiree who commutes 100% pension is not entitled to restoration of the complete pension after the completion of 15 years, and the arrears of pension may not be granted for the period when the reti....
The court affirmed the right to restore commuted pensions following guidelines set by precedents and statutes, quashing prior denials.
The main legal point established in the judgment is that a retired employee is entitled to interest at 18% per annum for delayed payment of pensionary dues, including GPF amount, as per the Odisha Ci....
The main legal point established in the judgment is that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
Rule. 315 (a) Government may sanction commutation for a lump amount, of one-half of the pension or any lesser amount provided that the residue of pension after commutation is not reduced to less than....
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