High CourtsDivision Bench(2025) 03 DEL CK 1037

Dr. Sushil Kumar Gupta vs Municipal Corporation Of Delhi

Delhi High Court · Decided on 11 March 2025

HON’BLE JUDGES
C.Hari Shankar, J · Ajay Digpaul, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 17591 Of 2024 & Civil Miscellaneous Petition No. 15034. 74848 Of 2024

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Judgment

7 paragraphs · 270 words

C. Hari Shankar, J

1.

These writ petitions assail identical orders passed by the Central Administrative Tribunal “the Tribunal”  by which, while directing grant of payment of delayed retiral benefits to the concerned petitioners, the Tribunal has awarded interest only from the expiry of three months from the passing of the order, @ 7.5 % from expiry of three months till the expiry of six months and @ 12% thereafter till the date of payment.

2.

Aggrieved thereby and contending that the petitioners would be entitled to interest from the date of their superannuation, these writ petitions have been filed.

3.

We have had occasion to decide an identical matter in WP(C) 15561/2024 Dr Priya Vrata v MCD.

4.

We  have  held,  in  the  said  decision,  following  our  earlier judgment in MCD v Bijender Singh 2024 SCC OnLine Del 7716, that a retired employee who has not been disbursed retiral benefits would be entitled to interest from the date of retirement.

5.

As such, we modify the order passed by the Tribunal by holding that the interest at the rate of 7.5% would be reckoned from the date of the petitioners’ superannuation, and not from the expiry of three months from the order of the Tribunal, till the date when the principal amount of the retiral dues was/is paid. We clarify that the direction for increase in the rate of interest to 12% p.a., in the event the amount is not/has not been paid before the expiry of six months from the date of the judgement of the Tribunal, stands as it is.

6.

The writ petitions stand allowed accordingly.