ORDER

In the instant OA, the applicants are seeking the following reliefs:

"(i) That the Hon'ble Tribunal may further graciously be pleased to pass an order of quashing the impugned orders dated 23.8.2017 (Applicant No.3), order dated 15.9.2017 (Applicant No. 1) and order dated 19.2.2018 (Applicant NO.2) only to the extend of charging interest on the refund of management share of CPF amount from the applicants, declaring to the effect that the same is illegal and arbitary and consequently pass an order directing the respondents to refund the interest amount to the applicants with interest at an early date.

(ii) Alternatively, in case of not granting the prayed relief (i), the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondents to grant the interest on the delayed payment of pension @ 18% PA from the date of O.A. No. 3280/2018 with MA No. 3665/2018. retirement till the date of payment of pension at an early date.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant with the cost of litigation."

2. The applicant No. 01, was initially appointed in Kendriya Vidyalaya Sangathan (KVS) as PRT Teacher on 21.09.1979 and was subsequently appointed as TGT on Direct Recruitment w.e.f 21.07.1981. He was later on appointed as PGT on 24.09.1984 as Direct Recruit and further appointed as Principal in KVS vide order dated 14.08.2002 on direct recruitment basis and retired from the same post of Principal on 31.08.2014.

3. The applicant No. 2 was initially appointed to the post of TGT on 6.8.1979 in Kendriya Vidyalaya Sangathan (KVS) and was subsequently, appointed to the post of PGT and Principal on direct recruitment basis in the year 2002 and retired from the same post of Principal on 30.6.2016.

4. The applicant No.3 was initially appointed in Kendariya Vidyalaya Sangathan as TGT (Hindi) on 06.11.1984 and was further appointed to the post of PGT (Geography) on 11.02.1992 on direct recruitment basis and has been retired from the same post on 30.6.2016 from KV AGCR Colony, Delhi-92.

5. The applicants approached this Tribunal for their conversion from CPF Scheme to GPF cum Pension Scheme. This Tribunal allowed the respective OAs filed by the applicants. The respondents, in compliance of the judgments of this Tribunal, converted the applicants from CPF scheme to GPF scheme.

6. While executing the orders of this Tribunal, the respondents directed the applicants to refund the management share of the CPF with interest vide order dated 23.08.2017 (Applicant No.3), 15.09.2017 (Applicant No. 01) & 19.02.2018 (Applicant No. 02).

7. The applicants contend that they have been subjected to it irrespective of no fault on their part as they were wrongfully and illegally placed under the CPF scheme which has been rectified as per the Direction of this Tribunal.

8. The applicants contend that the charging of interest from the applicants on the management share of the CPF amount is illegal, as there was no fault on the part of the applicants and it is all the more relevant because they have not been paid any interest on the delayed payment of arrears of their pension. They have further contended that once the respondents started charging the interest, they were also liable to pay the interest on the delayed payment of pension to the applicants, and not granting the same is illegal, arbitrary, and discriminatory.

9. The learned counsel for the respondents vehemently opposes the contention of the applicants by stating that by way of the relief claimed in the OA, the applicants are seeking O.A. No. 3280/2018 with MA No. 3665/2018. modification of the order of this Tribunal and they should not have approached accordingly.

10. He has discussed the impugned orders, wherein KVS has asked applicant Nos. 1, 2 & 3 to refund Rs. 2,25,837/-, 1,64,809/- & Rs. 91,286/- respectively.

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