CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 3577/2024 This the 01^ST day of December, 2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

Mr. DEVENDRA KUMAR SAHA, Aged about 60 years Son of Mr. Nand Kishore Saha, R/o Nivedita Sarani, TulakataJote, PO.Kadamtala - 734011, Distt. - Daejeeling (West Bengal)

... Applicant (By Advocate : Mr. Hemant K.Chaudhary)

Versus

1. UNION OF INDIA Thru its Secretary (Department of Water Resources, RD &GR)

Ministry of Jal Shakti, Shram Shakti Bhavan, Rafi Marg, New Delhi-110001

2. M/s National Projects Construction Corporation Ltd., (A GOVERNMENT OF INDIA ENTERPRISE), Thru its Chairman & Managing Director Plot No. 148, Sector - 44, Gurugram-122003 (Haryana)

…Respondents (By Advocate: Mr. S.N. Verma for R-1 and Ms. Larika Khandelwal with Mr. Rishi Raj Deswal for R-2)

ORDER (ORAL)

By Hon’ble Dr. Chhabilendra Roul, Member (A):

The factual matrix of the case is that the applicant retired from the service of the respondents w.e.f. 31.12.2022, however, the respondents did not release various retiral benefits, such as gratuity and leave encashment, immediately upon his superannuation. After the filing of the present OA, the respondents passed an order dated 17.11.2023 (Annexure R-2), calculating the gratuity payable as on 31.12.2022 at Rs. 16,53,265/-. The respondents claim that the said amount was paid immediately thereafter. Subsequently, the applicant moved an application seeking payment of interest on the delayed payment of gratuity. The respondents, vide order dated 31.01.2024 (Annexure R-3), calculated the interest payable on the delayed payment of gratuity at Rs. 1,33,992/-. Learned counsel for the applicant submits that even the interest amount on the delayed payment of gratuity was released four months after 31.01.2024, when the Competent Authority had directed the respondents to pay interest on the delayed payment of gratuity. Learned counsel further submits that the applicant did not receive leave encashment immediately after his retirement and that, ultimately, vide order dated 18.10.2024, the respondents sanctioned leave encashment to the tune of Rs. 8,59,698/-. The respondents claim that the said amount was released immediately after the passing of the order dated 18.10.2024. Learned counsel for the applicant submits that the amount so sanctioned by the respondents, which is disputed by the applicant as not being the correct amount of leave encashment was paid without any interest for the period of delay in releasing the leave encashment. Being aggrieved he has filed the present OA seeking the following reliefs:-

“(a) Direct Respondent no. 2 pay Rs.11, 39, 414/- towards 10 months leave encashment amount alongwith interest thereupon @ 18% annum AND interest for default in compliance of Learned ALC Siliguri Order dated 25.10.2023, as sought in clause

4.9 herein above.

(b) Direct Respondent no. 2 to pay interest Pendent lite. (c) Pass other or such further Order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case against the Respondent and in favour of the Applicant.”

2.1 Learned counsel for the applicant submits that retiral benefits such as gratuity and leave encashment are like private property. The applicant, by virtue of the service rendered to the respondents, has earned both gratuity and leave encashment. The respondents withheld and/or delayed the payment of gratuity without following any statutory provision. In the instant case, the respondents have not invoked any statutory provision to justify the delayed payment of the various dues. Even after passing the order dated 31.01.2024, whereby interest to the tune of Rs. 1,23,992/- was sanctioned in respect of the delayed payment of gratuity, the said interest amount was not paid for a further period of four months. In view thereof, learned counsel for the applicant submits that the applicant is entitled to interest on the delayed payment of the interest amount of Rs. 1,23,992/-.

2.2 Similar