CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No. 1386/2022 Order Reserved on: 28.11.2025 Order Pronounced on:08.12.2025 Hon'ble Mr. Ajay Pratap Singh, Member (Judicial)

T.J. NIHALANI Ex. Executive Engineer (CPWD)

B-1007, Gaur Green City, Vaibhav Khand, Indirapuram, Ghaziabad - 201014 … Applicant (By Advocate:- Mr. T.J. NIHALANI, Applicant in Person)

Versus

1. UNION OF INDIA through Secretary, Ministry of Housing and Urban Affairs (MOHUA) Nirman Bhawan, 'C' Wing, New Delhi - 110011

2. Director General, CPWD Nirman Bhawan, 'A' Wing, New Delhi - 110011

3. Chief Engineer. (NZIV), CPWD 20, Subhash Marg, Dehradun - 248001 … Respondents (By Advocate:- Mr. Rajeev Kumar)

O R D E R As per: Ajay Pratap Singh, Member (Judicial)

The applicant, a retired Executive Engineer (Civil), CPWD, by means of this Original Application has invoked the jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 for issuance of directions to the respondents to pay the interest on delayed payment of gratuity as the applicant retired on 30.04.2007 and ABHAY CHAUDHA ABHAY respondents paid the gratuity amount on 10.2.2020 and interest is payable beyond three months from 04.09.2012 till 10.02.2020 and thereafter interest on the interest amount from 10.02.2020 till date of actual payment as delay is attributed to the Respondents and there is no delay on the part of the applicant and for no fault he is made to suffer.

2. Briefly stated facts as adumbrated by the applicant that he retired on 30.04.2007 as Executive Engineer (Civil). Memorandum of charge served on 09.04.2007 and disciplinary proceeding resulted in penalty order dated 04.09.2012 with further direction to the respondents to release the gratuity amount to the applicant but applicant received gratuity amount on 10.2.2020 after 13 years of retirement and after 7 1/2 years of final penalty Order dated 04.09.2012. The Chief Engineer, Haldwani vide Order dated 14.05.2015 rejected claim of interest on delayed payment of gratuity after 7 1/2 years of penalty Order dated

04.09.2012.

3. Per-contra respondents have denied the claim of the applicant on payment of interest from 04.09.2012, the date of penalty Order to 10.02.2020, date of actual payment of gratuity. Respondents have filed their counter reply and stated that the applicant was served charge sheet dated 02.07.2007, provisional pension was granted vide Office Order dated 15.06.2007 and revised thereafter.

4. The penalty Order dated 04.09.2012 of withholding of 25 % of monthly pension for a period of five years and further for release of gratuity to him, if not required, to be withheld in any other case.

ABHAY CHAUDHA ABHAY

5. Respondents have also made averments that in order to implement order dated 04.09.2012, correspondence was going on between concerned offices and applicant filed petitions between the years 2012 to 2015 and the OA No. 531/2012 was dismissed. Hon’ble High Court in Writ Petition (C) 3769/2015 – vide order dated 29.04.2015, set aside penalty orders dated 04.09.2012, directing disciplinary authority to pass a fresh order and the respondents vide order dated 29.04.2015, withdrawn penalty order dated 04.09.2021, so far withholding of 25% of monthly pension for 5 years and proceeding continued and fresh penalty order dated 13.11.2015 was passed with the penalty of withholding of 25% monthly pension for five years. So also, Penalty order 13.11.2015 to be implemented and vigilance unit issued letter dated 09.03.2017, it was observed that there is no impediment to release gratuity. So also payment in respect of gratuity made on 10.2.2020 and there is no delay in making of payment of gratuity amount.

6. Rejoinder has been filed by the applicant denying the adverse averments made in the counter reply and applicant has stated that payment of gratuity was to be released pursuant to the order dated 04.09.2012 and CVO letter dated 09.03.2017 had stated that to release amount gratuity was never contested and grat