(Reserved on 13.11.2025)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No.1080/2023 This is the 17^th Day of December, 2025.

Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Pawan Kumar Mehrotra a/a 69 years son of Late G.R. Malhotra Resident of C-32/14-5/B-

1. Annapurna Nagar Vidyapeeth Road, District-Varanasi-221002.

………..Applicant By Advocate: Ms. Richa Kataria Versus

1. Union of North India through its Secretary Ministry of Women and Child Development, Government of India New Delhi.

2. The Chairperson, Central Social Welfare Board, B-12, Qutab Institutional Area, New Delhi-110016

3. The Executive Director, Central Social Welfare Board, B-12, Qutab Institutional Area, South of IIT, New Delhi-110016.

4. The Deputy Director (Filed Officer Establishment), Central Social Welfare Board, B-

12, Qutab Institutional Area, South of IIT, New Delhi-110016.

……… Respondents By Advocate: Shri Vidyapati Tripathi

O R D E R

Heard Ms. Richa Kataria, learned counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents.

2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main relief(s):-

(a) The Hon'ble Tribunal be pleased quash the Impugned Order dated

24/11/2023.

(b) The Hon'ble Tribunal be pleased to pass an appropriate direction commanding the respondent authorities to release of amount by calculating 12% interest over the Death Cum Retirement Gratuity (DCRG) amount Rs.3,20,000/- which was withheld by respondent authorities without there being no fault of the applicant and further relief is sought for payment of amount towards interest over Death Cum Retirement Gratuity (DCRG) amount Rs.5,80,000/ with the rate of 12% interest for a period of 29 months as the said amount was paid to applicant on 18.09.2017 after his satisfactory retirement on 31.07.2014 as early as possible so that justice be done.

3. The facts of the case, in brief, are that the applicant retired from the post of Assistant Project Officer on 31.07.2014 after more than three decades of service and was entitled to immediate release of all retiral dues, including Death-cum-Retirement Gratuity (DCRG). However, despite no disciplinary proceedings, no show-cause notice and no recovery order pending against him, the respondents withheld a sum of ₹3,20,000/– from his DCRG on the pretext of pendency of “No Dues Certificate” from the Madhya Pradesh State Social Welfare Board relating to an advance allegedly taken during Singhast Kumbh Mela 2004. The remaining DCRG amount of ₹5,80,000/– was also released belatedly on 18.09.2017 after a delay of 29 months. Ultimately, only after the applicant initiated earlier OA and contempt proceedings did the respondents issue the “No Dues Certificate” and release the withheld ₹3,20,000/– on 18.08.2022, without any recovery or liability being fastened upon him. The applicant asserts that the prolonged withholding and delayed payment of statutory gratuity is entirely attributable to the respondents’ administrative lapses and since he was not at fault at any stage, he is entitled to interest @12% per annum on both delayed DCRG components for the respective periods of delay.

4. By filing counter affidavit dated 13.05.2025, learned counsel for the respondents contended that the amount of ₹3,20,000/– was rightly withheld from the applicant’s DCRG as the Madhya Pradesh State Social Welfare Board did not issue the required “No Dues Certificate” owing to pending settlement of accounts relating to Singhast Kumbh Mela, 2004, during which the applicant, while posted as Mela In-charge and later as Secretary of the MP State Board, had allegedly taken an advance of ₹2,70,000/- or ₹3,20,000/– and failed to submit complete replies to serious audit objections raised by the Internal Check Unit of the Central Social Welfare Board. It is contended that until these audit observations were settled, the CSWB was justified in withhold