CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.3106/2023 MA No.3602/2023 Reserved on: 28.01.2026 Pronounced on: 02.02.2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Raghunath Prasad, Aged 84 years, s/o late Sh. Sohan Lal, R/o Flat No.4, GH 5 & 7, Paschim Vihar, New Delhi-110087 - Applicant (By Advocate: Mr. Sandiv Kalia)

Versus

1. Union of India Through its Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi-110001

2. Central Public Works Department, Through its Directorate General, A-Wing, Room No.101, Nirman Bhawan, New Delhi-110001

3. Central Public Works Department, Through its Special Directorate General (NR)

Kendriya Sadan, Sector-9A, Chandigarh-160009

4. Directorate of Estates, Ministry of Housing and Urban Affairs, Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi-110001 - Respondents (By Advocates: Mr. Ranjan Tyagi and Mr. Hanu Bhaskar)

ORDER Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

Counsel for the applicant in the MA has submitted that the accompanying Original Application has been filed by the applicant seeking release of his retiral benefits, namely pension and gratuity, which have remained unpaid by the Respondent No. 2 despite the applicant having retired from service on 31.01.2002. He has also prayed for such further orders as this Tribunal may deem fit in the interest of justice, along with costs of litigation.

2. Counsel for the applicant submitted that the delay in approaching this Tribunal is neither deliberate nor intentional, but has occurred due to exceptional, compelling and unavoidable circumstances, which deserve sympathetic consideration.

3. It is submitted that though the Original Application ought to have been filed within one year from the date of retirement, the applicant was prevented from doing so as, during the last phase of his service and immediately thereafter, he was suffering from serious ailments including tuberculosis, skin infection and conjunctivitis. Owing to his precarious medical condition, the applicant was physically incapacitated and unable to pursue any legal remedy within the prescribed period.

4. It is further submitted that after recovering to some extent, the applicant in the year 2006 approached the concerned department and personally visited the office at R.K. Puram to enquire about his retiral benefits. However, his efforts proved futile as he was informed that the department did not retain employee records for such a long duration and that his service records pertained to the Chandigarh office. Acting on the said advice, the applicant thereafter approached the Chandigarh office, only to be informed that no such records were available with them and that the records were still lying with the Delhi office. The applicant was once again advised to approach the Delhi office, resulting in the applicant being sent from one office to another without any resolution of his grievance.

5. Subsequently, the applicant’s wife fell seriously ill, and he was compelled to devote all his time, energy and meagre resources towards her medical treatment. In the year 2009, with the intention of pursuing his legal remedies, the applicant engaged an advocate and handed over all his service-related documents. Unfortunately, the said advocate failed to file the case despite repeated assurances and ultimately passed away in the year 2010. As a result, the applicant lost custody of all his original documents, which were with the said advocate, leaving him in a state of helplessness and confusion regarding the further course of action.

6. It is submitted that the applicant thereafter suffered a further personal tragedy when he lost his wife in the year 2014. This irreparable loss caused immense emotional distress and mental trauma to the applicant, compounded by his worsening financial condition due to non-receipt of pension and gratuity. The applicant submits that during this period he was mentally shattered an