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Judgment
The applicant has filed the present OA, seeking the following reliefs:-
“(i) direct the respondents to forthwith pay/release to the applicant the amount of Gratuity payable to her at the time of her superannuation;
(ii) direct the respondents to pay interest @18% per annum upon the amount of gratuity payable to the applicant for the period from the date of her
superannuation i.e. 31.01.2018 till the date of actual payment;
(iii) allow the present Original Application with costs in favour of the applicant; and
(iv) pass any other order as this Hon’ble Tribunal may deem proper in the interest of justice and in the favour of the applicant.
It is the case of the applicant that even after retirement on attaining the age of superannuation on 31.01.2018, the respondents have still not released
the amount of gratuity which she is entitled to. She has further alleged that despite the bill of Rs.8,16,375/- having been passed on 29.03.2018 towards
payment of DCRG and sent on 31.03.2018 vide Demand No. 12/107, the respondent - NDMC have now informed vide order dated 19.03.2019 that
“retirement payment gratuity is released subject to availability of funds. However, Retirement Gratuity payments up to 16.06.2017 have been
released till date.â€
The respondents state that due to paucity of funds, many claims of their employees, including that of the applicant of this
It is also noted that the Tribunal has already decided a similar matter in OA No. 886/2018 in which the direction had been issued to the respondents
to strictly follow the procedure laid down by them for payment of pensionary benefits to the employees and release the same to this applicant also as
and when they have funds.
In the light of the fact that the respondents have only been able to release the retirement gratuity payment for claims of their employees who are
entitled to the same (due to shortage of funds) up to 16.06.2017, this OA is also disposed of with directions to them to strictly follow their procedure
laid down for payment of gratuity and release the same to this applicant also on the availability of funds.
However, liberty is given to the applicant to approach the respondents by filing a fresh representation if she is not paid her retiral dues according to
the procedure laid down by the respondents and the respondents shall pass a speaking order on the same within 90 days.
The OA is allowed and disposed off with the above directions. No order as to costs.