Ravinder Kumar Bansal vs Commissioner & Others

R.N. Singh, Member (J)

Heard the learned counsel for the parties.

The applicant has filed the present OA praying therein for the following reliefs:-

"1. To direct the respondents to release to the applicant the interest @18% per an Num on belated payment of retirement dues i.e. Commutation of Pension, Leave Encashment, Gratuity, difference of arrears of MACP etc.

To direct the respondents to pay interest on the retirement dues as well as arrears of interest @18% per annum to the applicant.

To allow the OA with exemplary cost.

To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case."

Learned counsel for the applicant submits that the applicant has retired from the service of the respondents on attaining the age of superannuation on 31.10.2012. He submits that the retiral dues of the applicant have been paid to him on various dates and the details thereof are as under:-

Particulars of Payment

Amount

Dates

Retirement Gratuity

Rs. 6,73,745/-

05.01.2018

Pension Commutation

Rs. 11,11,596/-

05.01.2018

Leave Encashment

Rs. 4,05,608/-

04.10.2017

Difference of leave

encashment

Rs. 24,943/-

12.04.2018

Pay difference due to MACP

Rs. 4,69,064/-

12.04.2018

Difference of leave

encashment

Rs. 853/-

05.09.2018

Pay difference of arrear

Rs. 22,307/-

05.09.2018

Difference of Commutation

wef 01.11.2012

to 31.01.2019

Rs. 68,228/-

Rs. 22,591/-

08.04.2019 17.09.2020

Difference of Gratuity wef 01.11.2012 to 31.01.2019

Rs. 41,431/-

Rs. 1,419/-

08.04.2019 17.09.2020

Pension arrear w.e.f 01.11.2012 to 31.01.2019 (30.08.2020)

Rs. 1,32,243/-

Rs. 30,996/-

08.04.2019 17.09.2020

Learned counsel for the applicant submits that in view of the inordinate delay made by the respondents in releasing retiral dues to the applicant, the applicant is entitled for payment of interest on such retiral dues. He further submits that in spite of applicant's various representations, i.e., Annexure A-1, the respondents have neither made the payment of interest to the applicant on retiral dues nor they have considered and disposed of the said representations.

Issue notice. Shri Rajeev Kumar, learned counsel, who appears on advance service, accepts notice.

Learned counsel for the applicant submits that the applicant will be satisfied if the OA is disposed of at this stage with direction to the respondents to consider the applicant's pending representations keeping in view the order/judgement dated 29.07.2015 of Hon'ble High Court of Delhi [Annexure A-4 (colly)] in a time bound manner.

To such request of the applicant, there is no objection from the learned counsel for the respondents.

In view of the aforesaid, without going into the merit of the claim of the applicant, the present OA is disposed of with direction to the respondents to consider the applicant's aforesaid representations keeping in view relevant Rules and law on the subject and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within 8 weeks from the date of receipt of a copy of this order.

The OA is disposed of in aforesaid terms.

No costs.