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2024 Supreme(Online)(CAT) 17760
CENTRAL ADMINISTRATIVE TRIBUNAL
SH. RAMESH SINGH THAKUR, J, MRS. ANJALI BHAWRA, A
Bloura@ Balaura Singh – Appellant
Versus
Union of India – Respondent
OA 60/629/2021
For the Appellants/Petitioners: SH.P.M.KANSAL
For the Respondents: SH. SANJAY GOYAL SENIOR CGSC
Financial constraints cannot justify withholding pensionary benefits; employees are entitled to timely payment after retirement under constitutional protection.
Headnote:(A) Administrative Tribunals Act, 1985 - Article 300-A of the Constitution - Right to property - Leave Encashment and benefits of 7th CPC not released - Applicant a retired government employee sought to quash respondents' orders on grounds of financial constraints. The court reiterated established principle that withholding dues of employees due to financial issues is impermissible. Financial constraints cannot justify denial of timely payment of retiral benefits as it violates fundamental rights. The applicant was held entitled to payment of pending dues with interest. (Paras 4, 10, 12)
(B) Right to live with dignity - Court emphasized that the state has an obligation to provide reasonable conditions for retiree's livelihood and stability, reaffirming that delay in releasing pensionary benefits is not justifiable. (Paras 9, 10)
| Table of Content |
|---|
| 1. facts of the case - applicant seeks benefits of retirement dues and 7th cpc. (Para 1 , 2 , 3) |
| 2. arguments regarding financial constraints being invalid for withholding dues. (Para 4 , 5 , 7) |
| 3. court's observations on law relating to financial constraints in public sector employment. (Para 9) |
| 4. court's ratio decidendi emphasizes timely payment of dues and constitutional rights. (Para 10 , 12) |
| 5. final conclusion and order directing payment of pending retirement dues with interest. (Para 11) |
ORDER
Per: MRS. ANJALI BHAWRA MEMBER (A):
This application has been filed under Section 19 of the Administrative Tribunals Act, 1985 . Through this OA, the applicant is seeking the following relief:
“(i). That the record of the case be called; in the interest of justice.
(ii). That impugned office orders dated 27.01.2021 (Annexure A-4) be quashed and set-aside, in the interest of justice, and the respondents be directed to release the outstanding amount towards Leave Encashment, along with interest @ 12% p.a. from the due date to till its realization to the applicant,, in the interest of justice.
(iii) That the respondents be directed to grant the applicant the benefits of 7th Central Pay Commission and revise his pay and allowances as per 7th CPC w.e.f. 01.01.2016 and grant all consequential benefits thereto including arrears of pay & allowances, and, arrears of revised pension, revised Gratuity, revised Leave Encashment, along with interest @ 12% p.a. from the due dates to till the actual payment is made, in the interest of justice.”
1. Brief background of the case is that the applicant joined the Central Tool Room, Ludhiana (respondent No. 3) on 05.01.2002 on the post of Technician Grade-I. The applicant retired from service w.e.f. 30.06.2017 from the post of Technician Grade-I (TG-1) attaining the age of superannuation and without there being anything adverse against him. It is submitted that pursuant to report of the 7th Central Pay Commission, the Government of India issued Resolution vide Notification dated 25.07.2016, inter-alia, stating that the Commission’s recommendations and Government’s decision thereon with regard to revised pay structure and the consequent pay fixation therein shall be effective from the 1st day of January, 2016. The arrears on this account were to be paid during the financial year 2016-2017. It is submitted that the applicant was sanctioned Leave Encashment of Rs. 3,41,653/-. Applicant along with other employees requested respondent No. 3 for revision and refixation of pay w.e.f. 01.07.2016 and payment of outstanding leave encashment. The applicant was informed that the matter regarding revision of pay and pensionary and retiral benefits in terms of 7th CPC is going to be soon sanctioned by the respondent No. 2 and since the Leave Encashment already stand sanctioned, the amount thereto will also be paid. Applicant submitted representations on 04.12.2020, 14.12.2020 and 12.01.2021 requesting the respondent No. 3 to release pending dues including the dues towards Full Pay Leave and 7th CPC arrears.
2. It is submitted that on 23.12.2020, 12.01.2021, 27.01.2021, many similarly employees jointly submitted representations followed by reminders through e-mails and by submitting Grievances on Centralized Public Grievance Redress And Monitoring System (CPGRAMS), requested the respondents for release of payment of the following dues:
i). Arrears pursuant to 7th Central Pay Commission;
ii). Leave Encashment of Earned leave.
iii). Leave Encashment of Half Pay Leave.
3. In response to above joint Online grievance of the applicant, the respondent No. 2 issued the impugned Order dated 27.01.2021 addressed to one of the signatory to the joint representation i.e. Sh. Vinod Mishra, stating that the respondent No. 3 has informed that the retiral dues of the employees have been paid to the maximum possible extent in spite of financial crunch/ paucity of funds. The remaining amount will be paid on the availability of funds
