The failure of the employer to release retirement dues based on procedural lapses does not justify withholding pensionary benefits.

ORDER

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985, whereby, the applicant has sought for the following relief:

“That respondents may kindly be directed to pay interest at the rate of 12% per annum on the delayed payment of retiral dues as mentioned above, till such amounts were actually paid to the applicant, in the interest of justice.“

2. The applicant in its OA has submitted the following:-

i) The applicant initially joined the respondent department as Motor Pump Attendant (SK) w.e.f. 02.05.1988. Later on, the designation of his post was changed to Fitter General Mechanic (SK) and he has retired from service Fitter General Mechanic (HS-II) on 28.02.2021. At the time of retirement of the applicant, one Sh. Chanderdeep Singh (Office Superintendent) started harassing and humiliating the applicant as regards submissions of his pension papers and official duties. The applicant was harassed number of times by calling in one office or the other for appending his signatures, but when he went there, he was told that either the documents are not ready or are lying in another section/office. The applicant was made to run from pillar to post for signing his papers. However, before his retirement all the pension papers were duly filled and applicant was expecting that he would be released his all retiral dues on 01.03.2021, the day following his retirement on 28.02.2021.

ii) The applicant was deprived of all retiral dues except GPF and at the time of retirement all retiral dues were withheld by the department for the reasons best-known to them. The applicant thereafter on his oral requests was released the amount of leave encashment on 14.06.2021. His regular pension was started only in July, 2022, after more than one year of retirement. The other retirement benefits i.e. arrears of pension w.e.f. 01.03.2021 till 30.06.2022, the retirement gratuity, the commutation of pension and CGEGIS were not released, even after expiry of more than two years. Regular pension was given from July' 2022 and amount for commutation of pension was also being deducted, but neither commutation of pension has been made nor arrears of pension were released till date. At the time of retirement of the applicant, no chargesheet or criminal proceedings or any outstanding was pending against the applicant and therefore, respondents were required to release all retiral dues to the applicant on 01.03.2021, however, respondents have failed to release all retiral dues of the applicant, in wholly illegal and arbitrary manner.

iii) Further, it is stated by the applicant that respondent no. 4 issued the PPO dated 20.05.2021 (Annexure A/1), but still the benefits were not released to the applicant. The retiral dues of the applicant were withheld only because the applicant could not deposit his identity card. The applicant has also deposited his Identity card in the respondent department in November, 2021, still his benefits were unnecessarily delayed by the respondents. There is no rule to withhold retirement benefits only because the applicant could not submit his identity card. From the letter dated 07.07.2021 (Annexure A/2), it is clear that demand for ID card was raised for the first time in June, 2021 much after the date of retirement of the applicant on 28.02.2021. In normal course, the retiral dues are disbursed irrespective of the fact that ID card is deposited back or not, but respondents with legal malice just to harass the applican