ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following relief:

“To call for the records related to pension pay order and the representations submitted by the applicant and to direct the respondents to pay the gratuity and commutation due with admissible interest as per Rule 87 of Pension Rules 1993 and further to pass such other order/orders as this Tribunal may deem fit and proper and thus to render justice.”

2.The brief facts of the case are as follows: The applicant joined the Southern Railway in the year 1985 and retired from service on superannuation on 30.06.2016. The respondents have not arranged the payment of gratuity and commutation and started paying only the provisional pension from the date of superannuation in spite of the fact there was no charge sheet and or any criminal proceedings against him. The applicant has submitted detailed representations to the authorities concerned but of no avail. After a span of more than 6 months and the respondents continue to defy the orders of the personnel department and thereby causing undue hardships to the applicant by illegitimately withholding the retirement benefits contrary to the statutory instructions regulating pension benefits.

The applicant has also raised the ground that withholding of retirement gratuity is contrary to the provisions of Payment of Gratuity Act, 1972 and also pointed out that as per the conditions stipulated in the Section 4(1)(a) & 4 (1) (6) of the Payment of Gratuity Act, 1972 he is entitled for payment of gratuity on his retirement but the act of the respondents in withholding the gratuity due and the pensionary benefits is illegal and hence he filed the present OA.

3.After notice, the respondents have entered appearance through their counsel and filed a reply wherein they have submitted that the settlement benefit could not be disbursed to the applicant due to pending clearance of stock sheet and also due to failure of the applicant to hand over the materials kept in his custody. The respondents have admitted that though they have allowed the applicant to retire from service on 30.06.2016 on attaining the age of superannuation, they have withheld his gratuity against the said so called recovery, as he failed to hand over the material kept in his custody and try to justify their said action as legal and prayed for dismissal of the OA.

4.Heard both sides. Perused the records in the OA.

5.It is to be noted that the applicant was appointed as a temporary clerk on 24.01.1981 and promoted as a Senior Clerk on 03.10.1985and further promoted as a Depot Store Keeper on adhoc in the scale of Rs.1400-2300 on 13.10.1988. Subsequently the applicant was promoted as a Head Clerk on 22.07.1992 and further promoted as a Chief Office Superintendent in PB Rs.9300-34800 with GP Rs.4600 at Track Machines Base Depot, Royapuram, Chennai on regular basis and allowed to continue as a Depot Store Keeper.

As a Depot Store Keeper, he is the custodian of all the Class-I items which are required for the Track Machines. It is also to be noted that the duties and responsibilities of the post of Depot Store Keeper/Assistant Store Keeper as enumerated in Deputy Chief Engineer, Engineering Workshop, Arakkonam letter dated 03.01.1995 annexed at R-1 by the respondents. The applicant was due for superannuation on 30.06.2016, therefore by letters dated

09.03.2015, 10.03.2015 he has requested the respondent authority through proper channel to arrange some reliever to take over the charge of AJJ and RPM Depot since he was due for retirement to settle all the handing over and taking over charges and other formalities. He has also pointed out that as the number of items are more than 5500, it would take some time to complete the formalities. Thereafter again by reminder dated 23.09.2015, he has made the same