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Item 34/C-6 O.A. No.3918/2025

Central Administrative Tribunal Principal Bench, New Delhi

O.A. No.3918/2025

This the 27th day of March, 2026

Hon’ble Mr. B. Anand, Member (A)

Hon’ble Mr. Ajay Pratap Singh, Member (J)

Mr. C. Mani, Aged about 60 years,

S/o Late Mr. M. Chetty, R/o No. 605, 11th Street, Karpaga Nagar,

K. Pudur, Madurai, Tamilnadu-625007

…. Applicant (By Advocate: Mr. Maria Mugesh Kannan)

Versus

1. NBCC (I) LTD, Through its Chairman cum Managing Director,

NBCC (I) LTD, NBCC Bhawan, Lodhi Road, New Delhi-110003

2. The Chief General Manager (HRM)

NBCC (I), LTD, NBCC Bhawan, Lodhi Road, New Delhi-110003 3. The General Manager, (HRM)

NBCC (I), LTD, NBCC Bhawan, Lodhi Road, New Delhi-110003.

…. Respondents

(By Advocate: Mr. Soumyajit Pani, Mr. Aishwary Bajpai, Mr. Varun)

ORDER (ORAL)

By Hon’ble Mr. B. Anand, Member (A)

The brief factual matrix of the case is that the

applicant had retired from the respondents’ organization NBCC on 30.06.2025 on attaining the age of

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superannuation. Thereafter, the applicant vide representations dated 04.07.2025 and 09.09.2025 sought release of his retiral benefits specifically Performance Related Pay (PRP), gratuity and leave encashment. The applicant was given a reply by the respondents dated 02.09.2025 received by the applicant on 11.09.2025, informing that according to clause 8(20) (ii) and (b) the NBCC (Discipline and Appeal) Rules, 1993, the said retiral benefits would not be released to the applicant on account

of pending disciplinary/judicial proceedings against him.

2. The applicant, aggrieved by the impugned order dated 02.09.2025, has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985

seeking the following relief (s):

“(i) To direct the respondents to release the gratuity, leave encashment and performance related pay for the financial

year 2024-25 along with interest @24%.

(ii) To direct the respondents to release the gratuity, leave encashment and performance related pay for the financial year 2024-25 and quashing the impugned letter dated

02.09.2025.

(iii) To allow the OA with cost.

(iv) To pass any further order as this Hon’ble Tribunal may deemed fit and proper in the facts and circumstances of

the case.”

3. The short issue to be adjudicated in this matter is whether the applicant has a vested right to get his retiral

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benefits i.e. PRP, leave encashment and gratuity, especially when he states that there are no disciplinary proceedings or judicial proceedings pending against him. In support of his claim qua unjustly withholding of retiral benefits, the applicant drew the attention of the Bench to the rules of the respondents’ organisation regarding release of gratuity, leave encashment and PRP, mentioned in paragraphs 59 and 60 of the OA, relevant portion whereof reads as under:-

“16. General Guidelines.

(a) Arrear pertaining to the implementation of pay revision of Board level and below Board level Executives w.e.f.

01.01.2017 will be subject to deduction of Income Tax.

(b) Any recovery due from an executive to the Company, will also be fully adjusted against pay revision arrears to

him/her.

(c) Payment of arrears on account of pay revision shall be subject to normal deduction towards CPF, Income Tax, etc.

(d) The excess payment, wrong payment, clerical and arithmetical errors, in calculation of the arrears shall be

subject to correction, adjustment and recoveries.

(e) In case any other recoveries due from an Executive of the Company, will also be fully adjusted against pay revision

due to such Executives.

Now, based on the Department of Expenditure, Mn. Of Finance OM No. 21-1/2011-E.11(B) dated 05.08.2013 and 19.02.2014, the above facility has been extended to the

following :-

(i) To an orthopedically handicapped employee if he or she has a minimum of 40% permanent partial disability of either one or both upper limbs or one or both lower limbs O