Manju Srivastava vs South Delhi Municipal Corporation & Others

R. N. Singh, Member (J)

Heard the learned counsel for the applicant. The present O.A had been filed by the applicant seeking the following reliefs :-

"i. To direct the respondents to fix and release the regular service pension of the applicant as per the Seventh Pay Commission along with arrears, interest and other incidental charges incurred by the applicant.

ii. To direct the respondents to release the arrears of her pensionary benefits and regular pension w.e.f. her entitlement as per the recommendation of 7th Pay Commission, along with 18% interest, till its actual realization.

iii. Such other orders or orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Applicant."

Learned counsel for the applicant submits that the applicant while working as Primary Teacher under the respondents retired after attaining the age of superannuation with effect from 30.04.2020. He submits that the pension has not been sanctioned to the applicant in spite of her being entitled therefor even after lapse of more than a year. He further adds that though certain retiral dues have been released to the applicant, but certain other retiral dues and pension has not been released to the applicant.

Learned counsel for the applicant further submits that on her representation and a legal notice on her behalf the respondents have informed the applicant vide their letter dated 06.07.2020 that her pension file is processed to the headquarter vide their letter dated 20.08.2019, addressed to the AO, Pension Headquarter/SDMC and her pension will be released through headquarter.

Issue notice. Ms. Sriparna Chatterjee, learned counsel for the respondents accepts notice.

At this stage, Mr. Chauhan, learned counsel for the applicant submits that the applicant shall be satisfied if the present O.A is disposed of with a direction to the respondents to consider the claim of the applicant and to dispose of the same by passing an appropriate order in accordance with the relevant rules and instructions on the subject in a time bound manner. To such request there is no objection from the learned counsel of the respondents.

In view of the aforesaid the present O.A is disposed of with a direction to the respondents to consider the claim of the applicant, more particularly, keeping in view their own letter dated 06.07.2020 and to pass an appropriate order as expeditiously as possible and in any case within 6 weeks of receipt of a copy of this order.

The O.A is disposed of in the aforesaid terms. No order as to costs.