The right to pension cannot be withheld without a concluded finding of misconduct; negative parity in benefits is impermissible.

ORDER

By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-

“Direct the respondent to calculate the Retirement Gratuity, Leave Encashment, Pension and arrears of Pension after extending the benefit of 3 rd MACP in the year 2022 and after fixing the annual increment of the applicant for the month of January, 2023 and to pay the same along with arrears and interest to the applicant.”

2. The facts of the case, in brief, as indicated in the OA are that the applicant was appointed as Driver on regular basis (2) with the respondents on 01.02.1992. He was granted the benefit of 1 st Assured Career Progression (ACP) in the year 2004 followed by the benefit of 2 nd Modified Assured Career Progression (MACP) on 12.09.2012 after completion of 20 years of service. However, the applicant was issued charge sheet on 11.04.2018 by the respondents alleging therein that he was involved in a police case in which he was arrested but he did not disclose the said fact to the respondents which amounted to misconduct.

3. It is submitted that a departmental proceeding was started resulting into the punishment of ‘stoppage of next due one increment with cumulative effect’ on the applicant vide order dated 27.07.2018. The applicant was informed by letter dated 17.08.2022 that he was going to retire from service on31.01.2023 and he had opted for DTC pension. He became entitled for his 3 rd MACP in September 2022 but he was not given the benefit of the same. Further based on the claim made in the rejoinder, drawing attention to the decision of the Screening Committee (at page 21 and 23 of counter reply), it is argued that the record of the applicant- was clear and there was no reason to deny the benefit of MACP to him. Further, the applicant who was drawing basic salary of Rs. 46, 800/- in the month of December, 2022, was entitled to one annual increment in the month of January, 2023 but the same was(3) denied to him, whereas his colleagues of his seniority were given the benefit. The applicant retired from service of the respondents on 31.01.2023 after serving for 31 years. Though he was entitled to the benefits of Provident Fund, Gratuity, Leave Encashment, one annual increment and Pension, he was only given the benefits of his Provident Fund. He sent a representation dated25.04.2023 to the respondents requesting for grant of unpaid post retirement benefits, but the respondents failed to release the unpaid dues of the applicant till date.

4. The respondents in their counter reply, on the other hand, have submitted that four criminal cases were pending against the applicant in the Rohini Court and as per Administration Circular No. Admn./Misc./2021/2130 dated30.09.2021 the applicant is not entitled to any of the entitlements. Moreover, he is not entitled for one increment as he retired from the service of the Corporation before the increment is applicable in the month of July, 2023. It is also submitted that with regard to the claim of 3 rd MACP in September 2022, vide decision of the Screening Committee of MACP dated 21.01.2023 and 25.07.2022, the same was not granted as four criminal cases were pending in the court against him. It is also submitted that that as per Administration Circular No. Admn./Misc./2021/2130 dated(4)30.09.2021 issued by the GNCTD, the Pension, Gratuity and other retiral dues of a Government official cannot be withheld unless judicial or departmental proceedings are pending against him. Therefore, in view of the pending criminal cases, the retiral dues could not be released though his Provident Fund has already been released. Due to same reasons, he is not entitled to any payment of 3 rd MACP, Gratuity, Leave Encashment, Annual Increment and Pension as per the aforementioned Circular.

5. I have heard both the counsels and perused the relevant pleadings on record including counter reply and rejoinder.

6. Learned counsel for the applicant by placing reliance o