Subhash Chander vs Commissioner (North DMC) And Ors

The applicant herein had retired as Assistant Malaria Inspector from NDMC on 30.04.2017. Even though, all the retiral dues have since been paid, albeit as a result of legal notice etc., but there has been delay. Applicant also pleads that despite PPO No.10031154 having been issued, and monthly pension being indicated as Rs.21,080/- p.m., no pension has yet been paid.

The applicant has filed the OA seeking interest for the delayed payment and to receive the pension payments which is still awaited. Applicant also seeks interest on delay in pension payment. It is brought out that status of payment is as follows:

S. No.

Item

Amount in Rs.

Paid on

1.

Gratuity

11,44,440

04.02.2018

2.

Commuted value of pension

13,37,261 + DA

08.02.2019

3.

Leave encashment

6,93,600

18.09.2017

4.

Group Insurance Scheme

15,377

04.05.17

5.

GPF

25,54,285

18.05.2017

6.

Pension

21,080 p.m.

Due w.e.f. 01.05.2017 and awaited

Applicant relies upon the following judgments:

(i) Union of India and another vs. Ratan Singh, 139 (2007) Delhi Law Times 629 (DB) of Hon"ble High Court of Delhi

(ii) Roshan Lal & Ors. vs. DTC, 140 (2007) Delhi Law Times 49 (DB) of Hon"ble High Court of Delhi

(iii) Satya Bhan Singh vs. Union of India & Ors., 141 (2007) Delhi Law Times 85 (DB) of Hon"ble High Court of Delhi.

(iv) Ved Prakash Gupta vs. NDMC, OA No.3263/2018, decided by CAT/PB on 26.03.2019 with following directions:

"6. In view of the settled position of law as explained above, the OA is allowed with a direction to the respondents to release all retiral benefits due to the applicant along with interest at the prevailing GPF rate for the period between the date of retirement and the actual payment of dues. While doing so, the respondents shall provide to the applicant the calculation sheet which shall be item-wise. This shall be done within a period of two months from the date of receipt of a certified copy of this order. No costs."

Respondents mentioned that it is due to financial crisis of NDMC that there has been certain delay and pension will also be released shortly.

Matter has been heard at length.

It is noted that it takes about 3 months time post-retirement, to work out and release the retiral dues. Keeping this into account, it is seen that there was around 6 months delay in payment of gratuity, 1.5 months for leave encashment and 18 months in respect of commuted value of pension. Payment of monthly pension has not even started.

The applicant has, therefore, been denied use of money which was legitimately due to him for such long period of delay. Payment of interest in such situations has been upheld in catena of judgments including those relied upon by applicant in para 2 above.

Accordingly, following directions are given:

(i) The respondents are directed to pay interest at GPF rate in respect of gratuity, commuted value of pension and leave encashment for a period of 6 months, 18 months and 1.5 months respectively. This shall be complied within 3 months.

(ii) The monthly payment of pension when released, shall also be done along with interest at GPF rate for the period between end date of respective months when monthly pension was due and the actual date of payment.

Applicant has liberty to approach the Tribunal, if some grievance still subsists. There shall be no order as to costs.