Retiree entitled to interest on delayed gratuity post-exoneration from non-grave misconduct charges due to departmental delay.

ORDER

BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

The applicant in this O.A. is not challenging any particular order, but he is aggrieved with action of the respondents in not granting the interest for delay payment of gratuity.

2. The facts of the case is that the applicant was working as a Postal Assistant in Raipur Division under the respondents department and subsequently superannuated on 31.01.2019 from the service of the respondents. After the retirement from the department the applicant made a request before the Competent Authority to release the amount of gratuity as well as other dues pending to the applicant. The | department initiated the disciplinary proceeding under Rule 14 of the Central Civil Services (Classification, Control and Appeal), 1965 against the applicant vide memo dated 25.01.2019. Ministry of Communication Department of Post (Vigilance Petition) Division in exercise of power conferred under rule 8 (i) (1)(b) of Central Civil Services (Pension), 2021 dropped the memo of charges dated 25.01.2019 issued against the applicant without any prejudiced and the applicant was exonerated from all charges vide order dated 14.03.2023 and directed to release the gratuity admissible to him. In compliance to the order dated 14.03.2023 the department of post, office of the Accounts (Postal) vide letter dated 23.05.2023 informed to the applicants regarding the details of the gratuity released in favour of the applicant, and the gratuity amount Rs. 10,20,096/- was released without interest. The applicant made a representation before the authority for interest on the delayed payment of gratuity but till date the authority neither decide the representation nor given the interest to the applicant. Copy of the representation is filed as Annexure A-4.

3. Upon notice the respondents have filed their reply and submitted that the applicant was working as Postal Assistant, Circle Office Raipur. A chargesheet was issued against applicant vide memo dated 25.01.2019 (A/1). The applicant retired from service w.e.f. . 31.01.2019 on attending the age of superannuation and therefore, the disciplinary proceedings initiated against him were deemed to be continued under Rule 9 of the Central Civil Service (Pension) Rules, 1972 and hence no gratuity was paid to the official until the conclusion of departmental proceedings and final orders. It is further submitted that, subsequently, the Postal Directorate has decided the disciplinary proceeding vide order dated 14.03.2023 (A/2) by dropping the memo of charges dated 25.01.2019 issued against the applicant without any prejudice and exonerated the applicant from all the charges levelled against him and further directed to release the gratuity admissible to him. After final decision of disciplinary proceedings, gratuity amount has been released vide order dated 02.06.2023 and finally, the gratuity amount for Rs. 10,20,096/- (Ten Lakhs Twenty Thousand and Ninety Six Rupees only) has been paid to the applicant on 05.06.2023 (A/3).

4. The applicant has filed the rejoinder and submitted that due date of gratuity 01.02.2019 but the department paid the gratuity as on 23.05.2023 i.e. after more than 4 years of delay. It is further submitted that the applicant was retired on 31.01.2019 and the charge sheet was issued on 25.01.2019 and the applicant was exonerated vide order dated 14.03.2023 from all the charges leveled against him and also directed to release the gratuity amount admissible to him and subsequently in compliance the gratuity released in favour of applicant on 23.05.2023 .. after a delay of four years, the delay in payment was attributable to the administrative lapse.

5. Heard learned counsel for both the parties and perused the materials available on records.

6. The p