Legal heirs cannot seek modification of pension orders after the original applicant's death due to lack of jurisdiction.

ORDER

The applicant has filed the O.A under section 19 of the Administrative Tribunals Act, seeking the relief that the respondents may be directed to pay pension and other all settlement dues viz. D.C.R.G, commutation of pension, GIS and Leave encashment to the applicant with other benefits as admissible from the date of his due retirement i.e. w.e.f. 31.7.2014 under the Rules. This Tribunal vide order dated 17.04.2018 has allowed the aforesaid O.A. with the following observation: -

“15. In view of above, the O.A. is allowed and the chargesheet dated 29.10.2014 (Annexure A-4) is quashed and set aside and the respondents are directed to pay final pension and other retiral dues to the applicant within a period of 3 months after adjusting the excess amount paid to him treating the date of his retirement as 31.7.2014. It is also provided that applicant shall also be entitled to get simple interest @ 7% per annum if the arrear of pension and retiral dues are not paid within the stipulated period of time till the actual payment is made. No order as to costs.”

2. After passing the aforesaid Order, the deceased employee Late Badri Prasad Pal has filed Contempt Petition No. 148/2018, which was dismissed as infructuous on 18.01.2023. The relevant portion of the order dated 18.01.2023 reads as under: -

“Shri Shiv Kumar holding brief of Shri Anand Kumar, learned counsel for the petitioner and Shri Chakrapani Vatsyayan, learned counsel for the respondents are present.

2. Learned counsel for the petitioner states that order of the Tribunal dated 17.04.2018 has been complied with and CCP has been rendered infructuous.

3. Since order of the Tribunal has been complied with, Misc. Contempt Application is dismissed. Notices issued are discharged.”

It is the submission, on behalf of applicant, that the order dated 17.04.2018 has partly been complied with by the respondents, but no payment of interest accrued on the retiral dues has been paid by the respondents till date. The deceased employee made a representation dated 18.04.2022 to the respondent No. 1 with a request to pay the interest on retiral dues w.e.f. 31.07.2014. He has also made the aforesaid request to the several authorities of the respondents’ department. Thereafter on 15.05.2022, the Assistant Executive Engineer (Concrete Sleeper Plant), Northern Railway, Khalishpur, Varanasi informed the deceased employee that the issue of payment of interest at the rate of 7% is forwarded to the Legal Cell.

3. It is unfortunate that the original applicant Late Badri Prasad Pal died on 04.10.2022. Before his death, Late Badri Prasad Pal, on 04.04.2022 came to know that no interest had been paid on the retiral dues in compliance of the order of this Tribunal dated 17.04.2018.

4. After the death of Late Badri Prasad Pal, his legal heirs have filed Misc. Delay Condonation Application No. 3842/2023 in filing the Misc. (Delay Condonation Application) and Misc. Application No. 4091/2023 (Clarification/Modification Application). In the Delay Condonation Application, the legal heirs of deceased applicant have prayed to condone the delay in filing the Substitution Application as well as Clarification/ Modification Application. It is submitted that the deceased employee came to know about that no interest has been paid at the later stage hence, he could not have filed the MA for modification in time.

5. Misc. Delay Condonation Application No. 3842/2023 in filing the Misc. Substitution Application No. 3843/2023 has been filed by the legal heirs of the deceased employee to condone the delay in filing the substitution application and thereafter to substitute their names in place of Late Badri Prasad Pal - deceased employee. M.A. No. 4091/2023 has been filed by legal heirs of the deceased applicant with the prayer to clarify/modify the order dated 17.04.2018 passed in O.A. No. 225 of 2015 with direction to the respondents to pay compound interest at the rate of 12% on the retiral dues (DCRG, GIS, PF And Leave Encashment