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2025 Supreme(Online)(Ker) 53616

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI, PIN - 600003 – Appellant
Versus
SAJI GEORGE THOMAS AGED 63 YEARS S/O. THOMAS, RETIRED SENIOR CLERK/S&T, KOTTAYAM, TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT THECKEKANNAMPURAM, PAMBADI P.O., KOTTAYAM, PIN - 686502 – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.SHRI HARI RAO, SENIOR PANEL COUNSEL

Judgment Sushrut Arvind Dharmadhikari, J The present Original Petition under Article 227 of the Consti-

tution of India challenges the order dated 06.12.2024 in O.A.No.180/0070/2023 passed by the Central Administrative Tribu- nal, Ernakulam Bench whereby the Original Application filed by the respondent herein has been allowed.

2. The brief facts of the case are that the respondent was working as Senior Clerk who retired from service of the Railways on 31.05.2022. On the date of retirement, he was promoted as Sen- ior Clerk and his salary was fixed at the basic pay of Rs.49,600 in Level-5.

2.1 The grievance of the respondent was that the terminal bene-

fits due to him were not paid. Hence, he filed the Original Appli- cation seeking direction to the appellants to sanction the benefits due to him including the retirement gratuity, leave salary, arrears of monthly pension, commutation etc. with 12% interest with effect from 1.7.2022, till the date of actual payment.

3. The learned Tribunal, considering the delay in payment of gratuity, leave encashment etc., had directed the petitioners to quantify the interest payable on gratuity amount and leave salary at the rate of 9% with effect fro

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