Retired employees of Class-IV are protected against recovery of overpayments not due to their fault; withholding retirement benefits without just cause is impermissible.

ORDER

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:-

“(i) To quash the impugned order dated 20.02.2020, passed by the respondent no.2-Senior Account Officer, Ministry of Information and Broadcasting, All India Radio, Lucknow, so far as the withholding of gratuity amount of the applicant to the tune of Rs.3,85,366/- is concerned (Annerure No-1)

(ii) To issue an order commanding the respondent no.2-Senior Account Officer, Ministry of Information and Broadcasting, All India Radio, Lucknow to pay entire outstanding retirement dues including leave encashment and gratuity along with interest @ 18 % per annum on delayed payment within stipulated time as may be fixed by the Hon’ble Tribunal.

(iii) Issue any other order or direction or grant reliefs which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case to meet the ends of justice.

(iv) Award the cost to the applicant.”

2. Brief facts of the case are that the applicant initially held the post of soldier in Indian Army w.e.f. 18.07.1979 till 11.11.1985 and in view of that he was ex-serviceman. There is a corporation namely Indian Broadcasting Corporation which is a state as per the definition under Article-12 of the Constitution of India and the said corporation established and runs Prasar Bharti Doordarsan Kendra at various places of the Country and the applicant held the substantive post of Class-IV employee in Indian Broadcasting Corporation w.e.f. 10.07.1987 and initially posted at Doordarsan Kendra, Lucknow as Security Guard and subsequently after completing age of superannuation of 60 years, he retired on 31.12.2019 from Door Darsan Kendra, Allahabad. The applicant performed his duties on the post of Class-IV employee and was paid regular salary by the respondents except when they withheld the said salary for suspension periods from 08.12.1995 to 30.09.1996. Respondent no.1- Prasar Bharti (Bhartiya Prasaran Nigam) Doordarsan Kendra, Allahabad passed an order dated 25/28.01.2020 and sanctioned leave encashment amount of Rs.3,97,800/- for payment to the applicant but as yet the said amount has not been paid. Respondent no.2 passed an order dated 19.02.2020 and 25.01.2020 and sanctioned and paid the amount of computation of pension, leave encasement, General Provident Fund, Group Insurance. Respondent no.2 also passed the impugned order dated 20.02.2020 for payment of gratuity amount of Rs.6,46,425/-but against the said amount only amount of Rs.2,61,059/- has been paid. Being aggrieved, the applicant made his efforts before the respondents for payment of aforesaid withheld amount, and he lastly submitted a representation dated 30.01.2021 by registered post to the respondent no.2 and prayed for releasing the aforesaid withheld amount along with interest at current market rate of 18% per annum from due dates till actual payments but no heed was paid. Hence, this Original Application.

3. Submission of learned counsel for the applicant is that the applicant never concealed any fact or misrepresented during or subsequent to his service and he had no role in fixation of his salary. On the date of retirement i.e. 31.12.2019, neither any dues existed against the applicant nor he was subjected to any disciplinary proceedings. Yet, the remaining amount of Rs.3,85,366/- has been withheld without any notice and affording any opportunity of hearing of any kinds whatsoever to the applicant. The applicant is senior citizen of India and he has heavy family responsibility and on account of aforesaid withholding of retirement