Central Administrative Tribunal Principal Bench, New Delhi Order reserved on : 13.11.2025 Order pronounced on : 03.12.2025 Hon’ble Mr. Rajveer Singh Verma, Member (J)

Dharam Pal, Ex-Deputy General Manager, (Engg-Civil), Emp No.2911 S/o Mangal Ram # 54, Tehsil Nangal, Village Bhabour Sahib, PO: Bass Bhabhour, Rupnagar, Bass Bhabour, Punjab-140126.

...Applicant (By Advocate : Ms. Abha Sharma with Mr. Anupam Maurya)

Versus The Chairman & Managing Director, National Projects Construction Corporation Ltd., Registered Office-Plot No.30-31, Raja House, Nehru Place, Delhi-110019.

...Respondent (By Advocate : Mr. Paritosh Budhiraja)

O R D E R

The brief factual matrix of the case as explained by the learned counsel for the applicant is that the applicant was appointed as Section Officer (Civil) on 13.02.1984 with the respondent Corporation. He was retired on 31.01.2022, on attaining the age of superannuation on the post of Deputy General Manager. However, his retiral dues were not released, for which, the applicant preferred a representation on 11.04.2022 (Annexure-A/1) followed by a reminder dated 23.06.2022. The respondent neither responded to the representation of the applicant nor any reason whatsoever has been given for non-release of the retiral dues to the applicant. Being aggrieved, the applicant has filed the instant OA seeking the following relief(s) :-

“(i) This Ld. Tribunal may kindly allow the present O.A and direct the Respondent Corporation to release withhold amount of leave encashment to the Applicant forthwith;

(ii) Award interest @ 18% to the Applicant against the Respondent Corporation on the delayed payment of leave encashment from

01.02.2022 till the date of payment.

(iii) pass order or other further such order or orders as may be deem fit and proper under the circumstances of this case.”

2. The learned counsel for the applicant submitted that respondent Corporation has not followed the NPCC (CC&A) Rules, 2005. The relevant Rule 3 of the said Rules is reproduced hereinbelow :-

“3. Application. 1 These rules apply to all Corporation employees including retired employees against whom disciplinary proceedings were initiated before retirement except those who fall in any of the following categories:-

(a) Employee on foreign service or deputation;

(b) Persons in casual employment;

(c) Persons subject to discharge from service on less than one month‟s notice;

(d) Persons for whose appointment and other matters covered by the Rules special provision is made by or under any law for the time being in force, in regard to the matters covered by such law;

(e) Workcharged employees of the Corporation.”

3. In view of the above, learned counsel for the applicant submitted that the applicant does not fall in any of the categories stipulated hereinabove calling for withholding of retiral dues. The applicant was superannuated simpliciter and does not come under the ambit of the aforesaid Rule 3 of the NPCC (CC&A) Rules, 2005 as the disciplinary rules are not applicable to him after retirement on superannuation. 4. The claim of the learned counsel for the applicant is that the applicant was entitled to get his retiral dues within 30 days of his retirement and denial of the same is illegal, arbitrary and amounts to harassment and victimization.

5. In support of his contention, learned counsel for the applicant relied upon the order of this Tribunal in OA No.1064/2022 dated 12.05.2023 titled Kamal Dev Vs. NPCC. The said order is reproduced hereinbelow verbatim :-

“The present Original Application has been filed by the applicant for the alleged inaction by the respondents in not-releasing the leave encashment dues of the applicant post his superannuation.

2. Brief facts of the case are that the applicant was appointed as Assistant engineer (Mech.) with the Respondent corporation on 23.04.1990. The applicant got several promotions during his service period and on superannuation he got retired as on 28.2.2021. However, the respondents corporation did not re