Gouri Shanker vs North Delhi Municipal Corporation (NDMC) & Others

Pradeep Kumar, Member(A)

The applicant was appointed as Mali on 01.04.1989. In due course, he was confirmed and made a permanent employee. He superannuated on 30.11.2019 and order for his superannuation was issued in advance on 21.10.2019.

The applicant is aggrieved that despite this advance information, his retiral dues have not been paid so far. It is also mentioned that even the monthly pension was paid after a gap of eight months from the date of superannuation.

For redresssal of his grievance, a Legal Notice was also served on the respondents on 05.03.2021. The same has been received by the respondents but no reply has been issued, as yet.

With a view to redress the grievance in respect of releasing retiral dues along with interest, the applicant has preferred the instant OA.

Issue notice returnable in four weeks. Shri R K Jain, learned counsel, who appears on advance information on behalf of the respondents, accepts notice.

At this stage, learned counsel for the applicant submitted that he will be satisfied, if certain directions can be issued to the respondents to decide the pending representation dated 05.03.2021 within a time bound period.

Tribunal has considered the same. It is felt that no prejudice is likely to be caused to the respondents, if the applicant's aforesaid request is acceded to.

Keeping in view the foregoing, the OA is disposed off at the admission stage itself, without going into the merits of the case, with a direction to the respondents to release the retiral amounts along with due interest, as per extant rules and instructions, within a time period of six weeks.

In case, such release of retiral amounts along with interest is not feasible due to certain reasons, a reasoned and speaking order shall be passed within the time allowed, under advice to the applicant. The applicant shall have liberty to approach the Tribunal, if certain grievance still subsists. No costs.