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2024 Supreme(Online)(CAT) 9634
Central Administrative Tribunal Ernakulam Bench O.A No.180/00185/2021 Monday, this the 1st day of April, 2024 CORAM:
Hon'ble Mr. Justice K.Haripal, Judicial Member
1. P.P. Bridget, W/o. Sri. John Charles, aged 63 years, Lower Division Clerk (Retired), Office of the Official Liquidator High Court of Kerala, Company Law Bhavan, BMC Road, Thrikkakara, Ernakulam-21, residing at Thottakath House, Karshaka Road, Vaduthala.P.O, Kochi 682 023.
2. V. Kuppa Latha, W/o, (Late) Vijayakumar, aged 62 years, Lower Division Clerk (Retired), Office of the Official Liquidator High Court of Kerala, Company Law Bhavan, BMC Road, Thrikkakara, Ernakulam-21, residing at A/19, Star Village, Keezhmadu, Erumathala P.O., Aluva-683 112.
3. KS Sasidharan, S/o. Late N.V.Kochuraman Menon, aged, 63 years, Lower Division Clerk (Retired), Office of the Official Liquidator, High Court of Kerala, Company Law Bhavan, BMC Road, Thrikkakara, Ernakulam-21, residing at V/969, Gokulam, Gopalakrishna Avenue, Mattanchery, Cochin-682 002.
4. CP Beenakumari, W/o. N.K.Devaraj, aged 63 years, Lower Division Clerk (Retired), Office of the Official Liquidator High Court of Kerala, Ernakulam, residing at Nikarthil House, Muhamma P.O., Alappuzha District. - Applicants (By Advocates: Shri.O.V.Radhakrishnan,Sr. with Mr.Antony Mukkath,Mr.Vishnudas.H)
Versus
1. Union of India Represented by its Secretary, Department of Corporate Affairs 'Sastry Bhavan', Dr. Rajendra Prasad Road, New Delhi 110 001.
2. Regional Director Department of Company Affairs, Southern Region 'Sastri Bhavan', Block-1 V Floor, 26, Haddows Road, Chennai 600 006
3. Official Liquidator, High Court of Kerala, Company Law Bhavan, BMC Road, Thrikkakara, Ernakulam-682 021.
4. Pay and Accounts Officer, Ministry of Law, Justice and Corporate Affairs, 'Sastri Bhavan', Block-1 V Floor, 26, Haddows Road, Chennai 600 006
5. Senior Accounts Officer Office of the Pay and Accounts Officer Ministry of Law, Justice and Corporate Affairs 'Sastri Bhavan', Block-1 V Floor, 26, Haddows Road Chennai – 600 006 - Respondents (By Advocates : Mrs.Mini R Menon,ACGSC The O.A having been heard on 1st April, 2024, this Tribunal on the same day passed the following :
O R D E R (ORAL)
All the applicants are retired Lower Division Clerks from the service of the Official Liquidator, High Court of Kerala, Ernakulam i.e. the 3rd respondent.
2. The first applicant had retired from service in the year 2016 and the 2nd , 3rd and 4th applicants had retired in the year 2017. They are aggrieved by non-release of their retiral benefits. During the pendency of the Original Application, retiral benefits have been released to applicant nos.1 to 3 in 2023 whereas the retiral benefits due to the 4th applicant has been released only on 31.3.2024. Hence the reliefs sought in the Original Application in respect of non-granting of retiral benefits have been complied with and that part of the O.A has become infructuous.
3. However, the learned counsel for the applicants submits that there is undue delay in releasing the retiral benefits due to the applicants and they are entitled to get interest as provided under Rule 65 of the CCS (Pension) Rules, 2021.
4. There is considerable force in the above submission made by the learned counsel for the applicants. But according to the learned Standing Counsel the delay had occurred due to administrative reasons, that they were earlier Company paid staff, it took some time to collect their service records. So she opposed the claim for interest.
5. The applicants had started service as Company paid employees whose services were regularised on 3.1.1980, 1.3.1984, 1.3.1984 and 1.4.1984 respectively. The 1st applicant had retired in 2016 where as others in 2017. However, there is unusual delay in releasing their retiral benefits. Delay of more than 7 years in releasing the benefits cannot be justified. The applicants are entitled to get interest for delayed payment as provided under Rule 65 of the CCS (Pension) Rules, 2021 from the date when the payment became due till the date of actual payment.
6. Therefore, the respondents are directed to work out the interest on their retiral benefits from the due dates till the date of actual payment as provided under Rule 65 of the CCS (Pension) Rules, 2021 within a period of 90 days from the date of receipt of a copy of this order.
The Original Application is disposed of as above. No costs.
Justice K.Haripal Judicial Member sv List of Annexures Annexure A1: Annexure:A1 True copy of the covering letter No.1(48)
94(Vol.III) dated 02-02-2000 of the 3rd respondent along with Recommended Panel for Absorption to the post of LDC Annexure: A2: True copy of the Order dated 31-03-2004 in OA No. 249 of 2002 of this Tribunal Annexure: A3: True copy of the Judgement in WP(C) No. 22810/2004 dated 28-02-2008 of the Hon'ble High Court of Kerala.
Annexure: A4: True copy of the Order dated 17-02-2009 in CP(C) No. 89 of 2008 in O.A No. 249 of 2002 of this Tribunal Annexure: A5: True copy of the Order dated 16-05-2017 in Civil Appeal No. 5564 and 5565 of 2010 of the Hon'ble Supreme Court.
Annexure: A6: True copy of the Order dated 21-02-2018 in R.P., No.451 of 2018 in C.A.No.5564 of 2010 with I.A.No. 24256/2018 of the Hon'ble Supreme Court.
Annexure: A7: True copy of the Office Order F.No.1(48)/ 2017 dated 08-
03-2018 of the Regional Director (SR) Chennai.
Annexure: A8: True copy of the Order dated 06-09-2018 in CP
180/00089/2008 in OA 180/00249/2002 of this Tribunal.
Annexure: A9: True copy of the Office Order F.No.1(48) 2018 dated 19-
09-2018 of the Joint Director & RD(I/C) Chennai.
Annexure: A10: True copy of the Office Order F. No. 1(133)/2018 (ACP/MACP) dated 19-09-2018 with Annexure-(Group "C") of the Joint Director, Chennai.
Annexure: A11: True copy of the Office Order F No. 1(133)/2018 (ACP/MACP) dated 19-09-2018 with Annexure-(Group 'B' and 'C') of the Joint Director, Chennai.
Annexure: A12: True copy of the Order dated 10-02-2016 in General Report No. 1235 of the Hon'ble High Court of Kerala Annexure: A13: True copy of the Order dated 28-11-2016 in M.C.A No.32 of 2016 of the Hon'ble High Court of Kerala.
Annexure: A14: True copy of the Order dated 29-06-2017 in Gen
