Retirement benefits must be released timely; delays without justification warrant compensation through interest.

ORDER(Oral)

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“i) Issue issuance of the directions to the respondents to release retiral benefits including pension w.e.f. September, 2021 onwards regularly alongwith Commuted Value of Pension, leave encashment and gratuity with interest @18% per annum from the date amount became due till the date of payment.

ii) Respondents may be directed to produce complete record of the case for kind perusal of this Hon’ble Court.”

2. The brief background of the case are that the applicant initially joined the respondent department as a Clerk on 10.06.1983 who was promoted as Taxation Inspector on 17.10.2007 and lastly as Excise and Taxation Officer on 24.12.2014. He retired from service w.e.f. 31.08.2021 on attaining the age of superannuation. He submits that he being senior most ETO was due for promotion, which was not being considered and after waiting for sufficient time, he approached this Tribunal by filing O.A. No. 60/942/2020, which was dismissed as withdrawn with liberty to file a fresh one on availability of cause of action as he had not completed six years experience on 07.12.2020. After disposal of the earlier O.A. No. 060/942/2020 of the applicant, process for consideration of ETOS for promotion as Assistant Excise and Taxation initiated and the department sought Vigilance Certificate from the Vigilance department vide memo dated 5th January 2021.Thereafter, the respondent department initiated the process of considering the applicant for promotion and after approval from the competent authority reference was made to UPSC vide memo dated 05.02.2021. The departmental official also visited the office of UPSC on 09.02.2021 and requested for fixing of date for DPC. The applicant submits that the UPSC did not entertain their file on the ground that U.T. should frame its own rules and they would not consider the case under Punjab Rules. This fact is also fortified even from the communication dated 16.03.2021 sent by the Union Public Service Commission to the Chandigarh Administration. The applicant challenged the aforesaid order dated 16.03.2021 (A-2) before this Tribunal by filing O.A. No.379/2021 and prayed for issuance of directions to the respondents for consideration of his case for promotion as Assistant Excise and Taxation Commissioner. This Tribunal issued notice to the respondents.

3. The applicant submits that he was due for retirement on 31.08.2021, hence, the department processed his case and sent the case to the Vigilance Department for vigilance clearance on 04.08.2021 but no response was received from the Vigilance Department. The applicant retired on attaining the age of superannuation on 31.08.2021. He alleged that neither any chargesheet nor any criminal case was pending against him on the date of retirement yet his retiral dues were not paid to him and only GPF and GIS was paid. Applicant then inquired from the office of Respondent No.5 and he was informed that department had sent for a vigilance clearance to the Vigilance Department on August 04, 2021 and till date no clearance has been received. Thereafter the applicant went to the Vigilance Branch in the Vigilance Office of U.T. Secretariat and enquired about his clearance where he was informed that an FIR No. dated 01.08.2018 was U/Ss 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988, Sections 499, 420 IPC was registered against some private persons and some employees of Excise and Taxation Department, U.T.