ORDER

Hon’ble Mr. Tarun Shridhar, Member (A) The applicant is aggrieved by non-settlement of a substantial amount of his retiral dues. He has preferred the present OA, praying for the following relief:-

“a. Direct the respondents to release the pending retiral due of the applicant i.e., Gratuity amounting to Rs. 14,53,118/- and the Commutation of Pension (Capitalised Value of Pension) amounting to Rs. 15,04,218/- (as per PPO issued by the Respondents) with interest @ 24% p.a. from the date it fell due till the actual date of payment b. Direct the respondents to pay back the deducted amount with interest @ 24% p.a. from the date it fell due, till the actual date of payment against the Commutation of Pension (Capitalized Value of Pension), which was never paid, but the amount was continuously deducted from the pension and further direct the respondents to stop making further deductions from the pension till the amount of the Commutation of Pension (Capitalized Value of Pension) is actually paid to the applicant.

c. Award costs of the proceedings; and d. Pass any other order/direction which this Hon’ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

The pending amount according to the applicant is given below:-

“ 1. Commutation of Pension – 15,04,418/-

2. Gratuity – 14,53,118/-

3. Total – 29,57,536/-”

2. Pursuant to notice, the respondents have filed counter reply, wherein they have not contested that payment of gratuity and commutation of pension was pending at the time of filing of the counter reply.

3. There is no dispute with respect to the pending amount. The counter reply also indicates that necessary bills both on account of gratuity as also commutation of pension, have been passed by the Accounts Department on 11.03.2022, the said reply is silent whether payment to the applicant has been made or not. This silence can only be interpreted as to admitting the contention of the applicant with respect to non-payment.

4. In view of the situation outlined above, the OA is disposed of with a direction to the competent authority amongst the respondents, to release the pending amount of gratuity and commutation of pension to the applicant forthwith, in no case later than a period of twelve weeks from the date of receipt of a certified copy of this order. The said payment shall accompany payment of interest at the rate applicable upon deposits in the GPF for the period such payment was delayed. In case the dues of the applicant are not liquidated within this period, the rate of interest payable to applicant shall increase by further 1% for each month of delay.

5. There shall be no order as to costs. (Tarun Shridhar) Member (A) /ss/