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1 O.A No. 3130/2022

Item 86 (C-3)

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

O.A. No. 3130/2022

Reserved on : 12.01.2026

Pronounced on : 28.01.2026

Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Shri Santosh Kumar

Group 'C'

Aged about 63 years,

B-12 &13, Krishna Villa Private Flat No. 13/5,

First Floor, Joshi Colony,

IP Extension, Patparganj, New Delhi-110092 ….Applicant

(By Advocate : Mr. Ravi Prakash)

Vs.

1. The Union of India

Through its Chairman, Railway Board

Ministry of Railways

Rail Bhavan, New Delhi-110001

2. The Railway Board

Through its Secretary,

Ministry of Railways

Rail Bhavan, New Delhi-110001

3. The Divisional Railway Manager (Personnel)

North Central Railway

Agra-282001 ….Respondents

(By Advocate : Mr. Bijendra Singh Sharma)

Digitally signed by MAYA

MAYA BAHADUR

SINGH TARAGI

BAHADUR SINGH

TARAGI

2 O.A No. 3130/2022

Item 86 (C-3)

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A):

This is the second round of litigation. The instant OA has been filed by

the applicant under section 19 of the Administrative Tribunals Act, 1985

seeking the following reliefs:-

"(a) Summon the original records of the case.

(b) Quash the order passed by the official respondent vide their

letter No. P/ ESP-01//19 dated 10.09.2020.

(c) Pass an appropriate order, direction or writ in nature of

mandamus or any other appropriate order directing the

respondents to grant the interest on the delayed payment of

gratuity as per applicable rules as duly entitlement to the humble

applicant in the interest of justice; and consequently

(d) Pass such other further order(s) as this Hon'ble Tribunal may

deem fit and proper in the facts and circumstances of the present

case.”

2. The brief facts of the case as per the counsel of the applicant is that

initially the applicant was appointed as Pee Way Inspector Grade III on 26.05.1980.

There was a policy RBE No. 93/1994 dated 01.11.1994 which provides for

enhanced rate of interest payable on delayed payment of DCRG and rate of interest

chargeable on refund of pensionary benefits. Thereafter, revised policy was

notified vide RBE No. 169/2008 dated 06.11.2008 whereby a provision for

compound interest in place of simple interest was made. Thereafter, on

05.06.2015 a charge sheet dated 05.06.2015 was issued to him on the count that

the applicant did not relieve a trackman on inter-division mutual transfer from AH

to ALD. Aggrieved, the applicant wrote letters dated 01.06.2016 and 15.07.2016

for expeditious conduct of enquiry before his retirement. In the meantime, the

applicant retired on 31.07.2017. However, on 12.06.2019 the applicant was

exonerated from the charges levelled against him in the Standard Form No. 5 i.e.,

charges under Rule 9 of the Railway Servants (Discipline and appeal) Rules, 1968.

Digitally signed by MAYA

MAYA BAHADUR

BAHADUR SINGH

SINGH TARAGI

TARAGI

3 O.A No. 3130/2022

Item 86 (C-3)

Subsequently, the applicant was paid Death-cum-Retirement Gratuity (DCRG) on

17.07.2019. However, he was not satisfied with the payment made to him and he

preferred a representation dated 23.12.2019 to the North Central Railway, Agra

Cantt. In response to his representation the respondents issued letter dated

08.01.2020 whereby he was informed that the matter pertains to

Personnel/Engineering Department. Thereafter, the applicant again represented

to the authorities on 20.01.2020 and 28.07.2020 seeking interest on delayed

payment of DCRG which was declined by the respondents on 30.01.2020 and

10.09.2020 respectively taking plea that as Disciplinary proceedings were pending

against him payment of DCRG could not be made. He again preferred

representation in this regard on 14.12.2020 to the Chairman, Railway Board as also

filed OA 2115 OF 2021 which was later withdrawn by him vide order dated

10.11.2021. Now, the applicant is again before us for ventilation of his grievance.

3. The counsel of the applicant argued on the following grounds :-

“1. The official respondents have failed to appreciate that it has

been settled pr