CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No. 3496/2023 New Delhi, this the 17th day of February, 2026 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hari Lal Bharti (Group A)

S/o late Sh. Rustam Prasad Age 66 years R/o 96, Lumbini Apartments, Sector-14, Kaushambi, Ghaziabad-201 010 ….Applicant (By Advocate: Mr. G L Verma)

Versus

1. Union of India, Ministry of Housing and Urban Affairs (Through Secretary to the Govt. of India)

122-C Nirman Bhawan, New Delhi-110011.

2. Director General CPWD Ministry of Housing and Urban Affairs Room No.101, A Wing Nirman Bhawan, Maulana Azad Marg, New Delhi-110011.

3. Chief Engineer (D&DM)

CPWD, Room No.239 A-Wing Nirman Bhawan, New Delhi-110011

4. Pay and Accounts Officer (DGW)

Ministry of Housing and Urban Affairs CPWD, Room No.226 A-Wing Nirman Bhawan, New Delhi-110011 …Respondent (By Advocate: Mr. R K Jain)

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20 A 2 R ORDER (ORAL)

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

The basic issue involved in the present case is that the applicant retired on 28.02.2017 and at the time of his retirement, a disciplinary case was pending against him. After completion of the disciplinary proceedings on 01.02.2023, punishment of reduction of pension to the extent of 10% was imposed on the applicant. The applicant was paid gratuity and commuted pension benefit on 14.03.2024. Therefore, the applicant claims interest on delayed payment of gratuity and commuted pension. The issue here is, on the event of punishment awarded to the applicant on 01.02.2023 in respect of the pending disciplinary proceedings at the time of retirement, whether the applicant is entitled for interest on delayed payment of the aforementioned benefits granted to him, or not.

2. Learned counsel for the applicant states that the gratuity and commuted pension accrued even when there were disciplinary proceedings pending against the applicant and this amount accrued on 28.02.2017. Accordingly, the respondents are supposed to pay interest for delayed payment of the said benefits.

3. Learned counsel for the applicant further submits that another issue in the present case is that the applicant’s pension KARANK

20 A 2 R shall be uploaded on the Bhavishya Portal, which has not been done by the respondents so far.

4. Learned counsel for the respondents submits that when an employee is facing a disciplinary proceeding until the departmental proceedings are completed, the employee is not entitled for any interest on account of the said delay. In the present case, pensionary benefits like gratuity and commuted portion of pension was delayed because of the pendency of disciplinary case against the applicant which resulted in punishment of reduction of pension to the extent of 10% on 01.02.2023. He further states that the leave encashment was given to the applicant immediately after the applicant’s retirement i.e. on 28.02.2017 and the applicant was also receiving provisional pension immediately after his retirement. If the applicant could have been exonerated in the said disciplinary proceedings, then he could claim interest on delayed payment of gratuity and commuted pension.

5. In rejoinder, learned counsel for the applicant submits that the applicant was exonerated from the disciplinary proceedings on 01.02.2023. However, the payment of gratuity and commuted pension was done by the respondents on 14.03.2024, i.e. after the lapse of 1 year. Even in the worst case scenario, the applicant is still entitled to receive interest on delay of this one year for the payment of the said benefits.

6. Heard learned counsels for both the parties.

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20 A 2 R

7. The present OA is allowed with following directions:

1. The respondents should grant interest to the applicant for the period starting from 01.02.2023 to 14.03.2024.

2. The respondents shall also make efforts to upload the pension case of the applicant on the Bhavishya Portal.

8. The aforementioned exercises shall be completed as expeditiously as possible, preferably within a period of eight (8)

weeks from the