Pension and gratuity rights are confirmed post-acquittal, requiring clarity on 'conclusion of proceedings', which the court defines as trial outcomes, not pending appeals.

ORDER

Per:- Kumar Rajesh Chandra, M[A]

1. This OA has been filed for the following relief: -

“A. The respondent authorities may be directed to release the amount of Gratuity forthwith to applicant along with statutory interest thereupon and Final settlement of Pension of applicant including commutation may be directed to be done without any further delay.

B. The respondents may be directed to pay statutory interest upon all the payments of the applicant.

C. Any other relief/reliefs as the applicant is entitled and your Lordship may deem fit and proper in the ends of justice.

D. ORDER Dated: 12-01-2025. issued under the Signature of principal Commissioner, Central GST & Central Excise, Patna, as contained in Annexure-A/13 may be quashed and set aside.”

2. The facts of the case as narrated by counsel for applicant in this OA are as follows: -

(i) This is a third round of litigation. Applicant, earlier came to this Tribunal in OA No. 1022 of 2019 and OA No. 868/2022.

(ii) Applicant retired from service on 31.07.2011 from the post of Additional Commissioner, Central GST. Applicant is aggrieved by non-settlement of his payment of Gratuity as well as final settlement of his pension and all his pensionary benefits despite the orders passed in above two OAs.

(iii) That the applicant, earlier came to this Tribunal, in O.A. No. 1022 of 2019, challenging Order dated 27.08.2019, passed by the Principal Commissioner, Central GST & Central Excise, Patna which was heard on 7th July 2022. During arguments, a consensus was arrived at between the parties towards disposal of the case of applicant and the stand of respondents as well as applicant was recorded by this Tribunal in Paragraphs 7 onwards of the Order, which is being reproduced below: -

“7. Today Learned counsel for respondents, Mr. H.P. Singh submits that he has been given instructions by respondents that respondents are ready and willing to calculate the amount of 5% of pension to which the applicant was entitled to & which was payable to him on 1st December 2012 to till 1st November 2013 and similarly to calculate the amount of 30% of pension to which applicant was entitled to & which was payable to him on 1st September 2015 to till 1st August 2020 and to adjust that total calculated amount against the amount recovered so far from the pension of applicant and if the amount recovered is more than the amount calculated payable, the balance amount shall be refunded and if the calculated amount is in excess, the balance amount shall be recovered from further pension of the applicant.

8. Learned counsel for applicant is having no objection regarding settlement of this dispute in the manner stated by counsel for respondents, relating to recovery mention of which is there in Clause 3 & 4 of the impugned order.

9. However, he (Mr. Karan Counsel for applicant) submits that applicant has since been acquitted by Trial Court and therefore the respondents ought to have settled the claim of the applicant for release of his gratuity and regular pension. He urged that for final settlement of these issues applicant may be granted liberty to give comprehensive representation and the OA may be disposed of in terms of consensus arrived at regarding recovery and with liberty to the applicant to represent to respondents regarding gratuity and regular pension. Counsel for respondents is having no objection for disposing of the OA in terms of consensus regarding recovery and with liberty to the applicant to represent regarding gratuity and regular pension.

10. Considered the submission advanced