Gratuity cannot be withheld for penal rent without PP Act proceedings or CCS Pension Rules compliance; interest payable on delayed retirement dues at GPF rates; respondents may recover dues post due process.

ORDER 

This is the second round of litigation pursued by the applicant.

In the earlier round, the applicant had filed OA No. 4420/2017 and vide its Order/Judgment dated 14.12.2017, this Tribunal had disposed of the same directing the respondents to consider the issues raised by the applicant in his representation and Legal Notice and to pass a detailed reasoned and speaking order thereon within a period of six weeks from the date of receipt of a copy of the order. In compliance of the said order, respondents passed an order dated 15.02.2018, rejecting the claim of the applicant. Aggrieved by the same the applicant has filed the instant OA, seeking the following relief:-

“(i) Quash and set aside the impugned order dated 15.02.2018 which is marked and annexed as ANNEXURE A-1.

(ii) Direct the respondents to release complete outstanding amounts with interest thereon as per details given below:

(a) Release of withheld gratuity and interest on withhold gratuity and already released.

(b) Release of salary for the following period:-

(i) 01.12.2005 - 2.5.2006

(ii) 1.11.2008 30.11.2005

(iii) 1.11.2009 29.3.2010

(c) Interest on the salary for the above period and interest on the salary for the month of May, 2013 as it was paid late on 22.11.2017.

(d) Leave encashment for 300 days with Training Allowance and Sumptuary allowance with interest.

(iii) Grant any other relief which this Hon'ble Tribunal may allow under the facts and circumstances of the case.”

2. Learned counsel for the applicant while narrating the facts of the present OA submitted that the applicant retired as Additional Director General, Doordarshan on superannuation on 31.5.2013, after having served for about 36 years in service. He had submitted all the necessary documents for release of the retirement dues before the respondents. Learned counsel for the applicant drew attention to the impugned order dated 15.02.2018. Para 6 of the same, makes it clear that the retrial dues have been though released , however there is a substantial delay in release. Therefore, the respondents are liable to pay the interest from the dates they became payable to the dates they were actually paid. Relevant portion of order dated 15.02.2018 reads as under:-

“Whereas, as per PAO IRLA’s letter no. PAO/IRLA/I&B/PBSU-I/9466/2017-18 dated 19.01.2018 the following pensioner benefits/payments have been released to Shri H.N. Navrang:-

3. To clarify, an amount of Rs.6,73,980/- towards Leave Encashment was paid after a delay of more than 4½ years. He submitted that as per the Govt. of India OM dated 05.09.2008, Training Allowance is also to be included in the Leave Encashment. He contended that the applicant has been paid Leave Encashment of 188 days as against his entitlement of 300 days, as reflected in the office order dated 31.05.2013, which clearly establishes the claim of 300 days. He stated that the applicant is not only entitled to the remaining dues in terms of the leave encashment but also to interest which has accrued on the same. To support his argument, he drew attention to a decision of the Hon’ble High Court of Delhi in W.P.(C) No. 9394/2017 –