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2025 Supreme(Online)(CAT) 680
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.3227/2022 th This the 18 day of February, 2025 Hon’ble Mrs. Pratima K. Gupta, Member (J)
Hon’ble Dr. Anand S Khati, Member (A)
Sh. Chander Bhan, S/o Late Lal Chand, R/o H.No. 311, Main Chowk, Bhorgarh, North-West Delhi, Narela, Delhi-110040.
...Applicant (By Advocate: Mr. Parveen Kumar)
Versus
1. Municipal Corporation Of Delhi, Through Its Commissioner Dr. S.P.M. Civic Centre, Minto Road, New Delhi-100002 .
2. The Deputy Commissioner, Municipal Corporation Of Delhi, Keshav Puram Zone, A-1, Keshav Puram, Near Hathoda Ram Park, New Delhi-110035. ...Respondents (By Advocate: Mr. D S Mahendru with Ms. Komal Rani)
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ORDER (ORAL)
Hon’ble Mrs. Pratima K. Gupta, Member (J):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):
“i) issue appropriate order or direction thereby directing the Respondents to release all the pending dues including Arrears related to Pension and other pension benefits to the Applicant with effect from
30.06.2019;
ii) issue appropriate order or direction thereby directing the Respondents to pay interest @ 12% on all such dues from the date of entitlement to the date of actual payment;
iii) issue appropriate order or direction thereby directing the Respondents to pay interest @ 12% on amount deducted on account of recovery of commutation amount, without paying the Commutation amount from the date of actual deduction to the date of actual payment; iv) issue appropriate order or direction the Respondents to provide a calculation of all the pending Payments of dues to the Applicant;
v) Any other relief, which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, may also be passed in favor of the applicant and against the respondents along with cost of the proceedings.”
2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant retired from the service as Senior Field Worker (SFW) on 30.06.2019. Since the retiral dues of the applicant were not released, the applicant was persuaded to file the present Original Application. He further submits that the applicant preferred a representation dated 25.05.2020 (Annexure A-5), wherein in para 7, the applicant highlights the retiral dues to be released in favour of the applicant, which reads as under:
“7. That, it has been almost three years since the day of my retirement, however, I have not received my pension payment benefits and other payments which follows as:
Sr. No.
Particulars
Amount
1.
Capitalized value of the Pension
Rs.8,06,290/-
2.
Net retirement/Deathh Gratuity
Rs.7,57,680/-
3.
Arrears of Increment for serving in Rohini Zone
Rs.1,26,000/-
4.
GIS Payment
Rs.10,000/-
Total Pending Amount
Rs.16,99,970/-
3. Pursuant to the notices, reply has been filed on behalf of the respondents which details that the capital value of pension as well as gratuity has been released in favour of the applicant while arrears of the increment and GIS payment are yet to be released.
4. Mr. D S Mahendru, learned counsel for the respondents, upon instructions, submits that arrears of increment as well as GIS payment will be released by the respondents within two weeks.
5. Heard counsel for the parties and perused the pleadings available on record.
6. Learned counsel for the applicant fairly submits that the capitalized value of the pension and gratuity has been received by the applicant. Therefore, in view of what has been recorded herein above, the present Original Application is disposed of with a direction to the respondents to release the arrears of increment and GIS payment within a period of two weeks’ from the date of receipt of a certified copy of this order. The applicant shall be entitled to interest at the applicable GPF rates from the date it became due till the date they are actually paid. No costs.
(Dr. Anand S Khati) (Pratima K. Gupta)
Member (A) Member (J)
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