Retiral dues must be paid promptly; interest on delays conditional on financial crises, escalating from 7.5% to 12%.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

By virtue of the present OA, the applicant is seeking following relief:-

“(I) Pass an order directing the respondent to release the pending retiral dues of the applicant i.e., Gratuity along with interest 18% p.a. from the date it fell due till the actual date of payment.

(II) Pass an order directing the respondent to release the pending retiral dues of the applicant i.e., Commutation of Pension along with interest 18% p.a. from the date it fell due till the actual date of payment.

(III) Pass an order directing the respondent to release the pending Difference of Gratuity and other Arrears along with interest 18% p.a. from the date it fell due till the actual date of payment.

(IV) Pass an Order directing the respondent to award the cost of proceedings to the applicant.

(V) Any other relief as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant and against the Respondent in the interest of Justice.”

2. Since, the respondents are already taking steps to release the payment retiral dues in accordance with law. We disposed of the present OA at the admission stage itself in terms of the order passed in OA No. 2146/2023. For the sake of clarity, the same is reproduced herein below:-

“Since the facts and reliefs sought in all the OAs are identical, all the OAs are being disposed of by way of this common Order. However, OA No. 2147/2023 will be taken as the lead case for the disposal of all the captioned OAs.

By way of the present OA, the applicant has sought the following reliefs:-

“i. Pass an order in favour of the applicant thereby declare the act of the respondent of not payment of the Gratuity amount Rs. 20,00,000/-, commutation of pension 19,02,242/-, 7th CPC arrears from 01.01.2016 to 30.09.2016, D.A. arrears w.e.f. Jan. 2016 to March 2016, Jan. 2017 to March 2017, July 17 to Sept. 17, Jan. 18 to March 18, July 2018 to Sept. 2018, Jan. 2019 to march 2019, July 2019 to Sept 2019, besides above D.A. Arrear applicable on pension, due to the applicant in terms of the OM dated 20.11.2021 have not been paid so far despite representations dated 25.05.2021, 09.05.2023, 31.05.2023, 04.06.2023 followed by a legal notice dated 13.06.2023, nor paid the interest on the GPF and 50% commutation amount of Rs. 19,00,000/- after two and half year, are illegal, invalid, arbitrary, unjustified and violative of Art, 14, 16 and 21 of the Constitution of India, CPC Pension rules 1965 and violative of the service rules of the Respondent;

ii. Direct the respondents to pay the above retiral benefits i.e. Gratuity amount Rs. 20,00,000/-, commutation of pension 19,02,242/- 7th CPC arrears from 01.01.2016 to 30.09.2016, D.A. arrears w.e.f. Jan. 2016 to March 2016, Jan. 2017 to March 2017, July 17 to Sept. 17, Jan. 18 to March 18, July 2018 to Sept. 2018, Jan. 2019 to March 2019, July 2019 to Sept 2019, besides above D.A. Arrear applicable on pension, due to the applicant in terms of the OM dated 20.11.2021 along with interest and further the interest on delayed paid GPF and (Rs 19,00,000/-) 50% commutation of pension amount within a stipulated shortest period along with interest @Market rate of interest since due date and till date of realization.

iii. Direct the respondent to give the detail with statement of account of the amount paid to the applicant with details of calculation of interest on each amount.

iv. Any other order or direction as may in the facts and circumstances of the case deems fit and proper in favour of the Applicant and against the respondents;

v. Allow the present application of the Applicant with costs;”

2. Learned counsels for the applicants submit that the applicants have rendered almost 32 years of se