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Judgment
W.P.(C) No.9401 of 2023 And I.A. No.4257 of 2023
This matter is taken up through hybrid mode.
Heard Mr. A.K. Mishra, learned Additional Government Advocate appearing for the petitioner.
The petitioner has filed this writ petition seeking to quash the order dated 25.05.2022 passed in O.A. No.260/363 of 2019 under Annexure-1, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has held that opposite party no.1 is entitled to interest at the rate applicable to GPF deposits on the delayed pension from the date it became due till actual payment is made and she shall also be entitled to the interest on the gratuity after three months of moratorium period from the date of retirement till the amount is actually paid and directed the petitioner to calculate and pay to opposite party no.1 within a period of 90 days from the date of receipt of the copy of the order.
Mr. A.K. Mishra, learned Additional Government Advocate appearing for the petitioner contended that if the date chart referred to in paragraph-2 of the order dated 25.05.2022 passed by the Tribunal in O.A. No.260/363 of 2019 is scrutinized, no delay has been attributable to the State for delay in payment to opposite party no.1. It is also contended that opposite party no.3-Accountant General (A&E), Odisha, Bhubaneswar filed counter affidavit stating that due to delay on the part of opposite party no.1, the claim made by her for interest on delayed payment of pension cannot be sustained. It is further contended that grant of interest on delayed payment of pension by the Tribunal relying upon Rule-54 of the OCS (Pension) Rules, which has no application to the present case is not legally sustainable, rather the Tribunal should have considered the real facts. Therefore, opposite party no.1 is not entitled to get interest for delayed pension.
In the opinion of this Court, the matter requires consideration.
Issue notice to the opposite parties.
Let an extra copy of the writ petition be served within three days on Mr. P.K. Parhi, learned Deputy Solicitor General of India, as he appears for opposite party no.2 to enable him to obtain instructions in the matter.
Let another copy of the writ petition be served within three days either on Mr. S.K. Das or Mr. S.K. Patra, learned counsel, who usually appears for Accountant General (A&E), Odisha, Bhubaneswar-opposite party no.3 to enable him to obtain instructions or file counter affidavit.
Requisites for issuance of notice to opposite party no.1 shall be filed by Registered Post with A.D. within three days. Office shall send notice to the said opposite party fixing a short returnable date.
As an interim measure, it is directed that there shall be stay operation of the order dated 25.05.2022 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/363 of 2019, till 02.05.2023.
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