(Reserved on 10.02.2026)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No.207 of 2023 This the 23^rd day of February, 2026.

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

Pradeep Kumar, a/a 61 years, S/o Shri Govind, R/o Village and Post PUNIT K M U IS M H A R R A Padecha, District Shahjahanpur ……….. Applicant By Advocates: Shri Manoj Kumar Upadhyay Versus

1. Union of India, through Secretary, Ministry of Communication, Department of Post, Dak Bhawan, Sansad Marg, New Delhi

2. Chief Post Master General, UP Circle, Lucknow

3. Post Master General, Bareilly Region, Bareilly

4. Senior Superintendent of Post Offices, Shahjanpur Division, Shahjahanpur ……..… Respondents By Advocate: Shri Vidyapati Tripathi

O R D E R

Heard Shri Manoj Kumar Upadhyay, learned counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents at the time of hearing of the case.

2. The instant Original Application has been filed under Section 19 of the Administrative Tribunal Act, 1985 by the applicants seeking following reliefs:-

i. This Hon’ble Tribunal may be pleased to direct the respondents to give interest on delayed payment of gratuity of the applicant @ 18 % per annum from 01.08.2022 to

18.12.2022.

ii. To issue an order or direction may deem fit and proper in the facts and circumstances of the case.

iii. To award the cost to the applicant.

3. The brief facts of the case is that the applicant superannuated from services on 31.07.2022 from the post of Assistant Post Master, but the payment of gratuity has not been paid to the applicant timely. Thereafter, the applicant represented before the respondents on several occasions for releasing of his gratuity. Subsequently, on 19.12.2022, the amount of gratuity has been paid to the applicant, but no interest has been paid on delay payment of gratuity.

Hence this Original Application has been filed.

PUNIT 4. On the other hand, short counter affidavit has been filed from KUMAR MISHRA the side of the respondents on 18.10.2023, wherein it has been stated that due to long departmental procedure, the payment of gratuity has been paid after four months from the retirement. The amount of gratuity has been sanctioned within time, but the same was not released, therefore; interest @ 7.1 % was calculated on delayed payment as per Rule 65 (5) (a) of CCS Pension Rules, 2021, which was forwarded to the Competent Authority for approval. The amount of interest is to be made to the applicant as early as possible. Hence, instant original application is liable to be dismissed.

5. A supplementary counter affidavit has been filed from the side of the respondents on 06.01.2025, wherein it has been submitted that the interest @ 7.1% on delayed payment of gratuity/DCRG has already been paid to the applicant on 10.12.2024. Hence, instant Original Application has become infructuous.

6. Learned counsel for the applicant submitted that though the applicant has paid interest @ 7.1 % on the delayed payment, but the applicant is entitled for interest @ 18 % per annum on the delayed payment under the head of gratuity as per Gratuity Act, 1972. He further submitted that there is no fault on the part of the applicant and as such, a direction may be given upon the respondents to grant the interest @

18% per annum on the said delayed payment.

7. Per contra, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the applicants and submitted that the applicant has already been paid interest @ 7.1 (equivalent to GPF) on the delayed payment of gratuity. The applicant is not entitled for interest @ 18 % per annum. Hence, instant Original Application has become infructuous. .

PUNIT 8. I have considered the rival submissions so raised by the KUMAR MISHRA learned counsel for both the parties and perused the records.

9. It appears from the record that admittedly, the applicant has been paid interest @ 7.1 % per annum (equivalent to GPF) on delayed payment of gratuity on 1