Back
ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Union of India Thru. General Manager Northern Railway New Delhi – Appellant
Versus
Kaushalya Nandan Sharan Verma – Respondent
JUDGMENT :
Om Prakash Shukla, J.
A. INTRODUCTION
1. The challenge in the instant writ petition under Article 226 of the Constitution of India is to the judgment and order dated 14.10.2022 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as “the Tribunal”), whereby Original Application No. 332/00515/2018 filed by the applicant/respondent no.1 herein was allowed and petitioners herein were directed to pay the interest of pension and gratuity due at the rate of G.P.F. from its date i.e. 01.02.2012 to 28.06.2018 within three months from the date of receipt of a certified copy of the order.
2. Apparently, in the aforesaid Original Application No. 332/00515/2018, the applicant/respondent no.1 has sought the following reliefs :-
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....
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....
No automatic interest on delayed retiral benefits if delay due to justified pay corrections, not deliberate withholding.
Prolonged delay in asserting rights can result in denial of judicial relief, emphasizing the need for prompt action to maintain claims.
Review jurisdiction under CPC is limited to correcting errors apparent on the record; it cannot be used to reargue settled issues.
Retirees entitled to 8% interest on delayed pensionary benefits due to administrative lapses in processing.
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
