The employer is not obligated to pay interest if delay in releasing post retiral benefits is due to the employee's conduct. Resignation must meet technical criteria for counting service towards pensionary benefits.

JUDGMENT

Krishna Murari, C.J. - We have heard learned counsel for the petitioner, Shri Vikas Bali, learned counsel for respondent Nos.2 and 3 and Shri Barjesh Mittal, learned counsel for respondent No.4.

2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has laid challenge to the judgment and order dated 05.02.2015 passed by Chandigarh Bench of the Central Administrative Tribunal rejecting the Original Application filed by the petitioner. Petitioner had approached the Central Administrative Tribunal (for short 'the Tribunal') by making an application under section 19 of the Administrative Tribunal Act claiming (i) release of gratuity, pension and arrears of pension alongwith interest 18% per annum, (ii) release of her GPF amount of Rs. 86100/- along with interest @ 18% per annum w.e.f. 28.07.2009, (iii) interest on delayed payments of retiral dues like gratuity, GIS, leave encashment from the date the amount became due till actual date of payment and (iv) to grant pensionary benefits after counting the service rendered in Punjab Engineering College.

Factual matrix of the case:-

3. The petitioner joined the service as Clerk on regular basis on 25.02.1983 in the Chandigarh Administration. Prior thereto she also worked on adhoc basis w.e.f. 11.03.1980 to 24.02.1983 in Punjab Engineering College, Chandigarh. Admittedly, she retired as Senior Assistant on 30.11.2012 on attaining the age of superannuation. She was given an extension and was finally relieved from service on 31.05.2013.

4. In response to a legal notice issued by the petitioner, she was informed by respondent No.2 vide letter dated 14.08.2013 setting out the reasons for whatever delay in making payments, which are as under:-

1. Payment of General Provident Funds:-

Regarding final payment of GPS it is stated that after retirement on 31.05.2012 she was verbally asked to submit the last balance statement alongwith an affidavit which was mandatory required to process the case to the Accountant General (A&E), U.T. Chandigarh but she has not do the same. However the case was taken up with Accountant General (A&E) UT, Chandigarh vide this office memo No.1219-20 dated 18.06.2013, No.1334- 35 dated 03.07.2013 to supply the balance statement of GPF of Smt. Meena Bhandari and the same has been personally collected by the dealing Assistant of this office from Accountant General (A&E), UT Chandigarh. The Form-B and PF-10 along with balance statement in original duly filled up in all respect was sent to Smt. Meena Bhandari vide this office Memo No. 1554 dated 24.07.2013 for want of her signatures to process case and subsequent reminder for the same has also been issued vide this office Memo No. 1614-15 dated 01.08.2013 but the same has not been resubmitted by her till date. From such type of her attitude it presumed that she was not cooperating with the department.

II. Payment of Pension, Gratuity and Leave Encashment:-

The retiree was worked with Municipal Corporation, Chandigarh w.e.f. 01.06.1996 to 30.06.2005 and the above said benefits of the said period was required to be paid by the respective office of Municipal Corporation to Chandigarh Administration. The same has been got cleared and received in this office on 26.07.2013. Now the cases of dues are under preparation but to complete the process positive attitude from the retiree is required. Smt. Meena Bhandari, Sr. Assistant (Retd.) was already requested well in time vide this office Memo No. 1637 dated 11.12.2012 to submit documents/particulars required from her side so as enable this office to proceed further but the same has yet not been furnished by her till date.

It is further submitted that case for payment of Leave Encashment has been prepared and sent to the Accounts Functionary for vetting the same vide this office Memo No.7087 dated 08.08.2013 payment will be made