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Judgment
Hon’ble Mr. Manish Garg, Member (J)
In the present C.P. willful disobedience of the directions of the Tribunal contained in order dated 11.11.2024 is alleged. Paragraph 8 of the said order reads as under:-
“8.1.This Tribunal is of the considered view that the present OAs deserve to be allowed, keeping in view the fact that no recovery can be effected from an employee without giving any show cause notice. Respondents are, therefore, directed to refund the amount, if any, already recovered, which has been wrongly adjusted against the retiral dues, contrary to the aforesaid proposition of law. The Respondents are directed to pay the applicants all the retirement/ service benefits including Gratuity/ Ex- gratia on Gratuity as per the relevant rules. The consequential relief(s) shall follow thereof. These directions shall be complied with by the respondents within a period of two months from the date of receipt of a certified copy of this order, failing which the applicants shall also be entitled to interest at GPF rates till the date of actual payment. 8.2. The OA is allowed in the aforesaid terms. Pending MAs, if any shall also stand disposed of. There shall be no order as to costs.”
The submission made by the petitioners in para 10 of the C.P. reads as under:-
“In the said communication, the Applicant firmly asserted that all retirement benefits received were strictly in accordance with the prevailing NCB Service Rules. The Applicant also objected to the recovery demand, highlighting that he had superannuated nearly two years and eleven months prior, and that such delayed issuance of recovery notices was not only arbitrary but also devoid of legal justification.”
Learned counsel for the petitioners submits that the present petitioners have been discriminated against which is apparent from the remarks column of the Annexure R1 of the compliance affidavit, that is, the calculation sheet.
RETIRED NCB EMPLOYEES
S No NAME Date of Super annu ation Gratuity With Ex Grati a * Leave Encash ment Total Amo unt Paid Date of Grat uity paid Date of Leave Encash ment paid Balance Due (Gratuity with Ex-Gratia & Leave Encash ment) REMAR KS 1 SH SHIV SHANKA RMAURY A 31.03 .2017 8,69, 920 4,75,21 0 13,45 ,130 11.0 4.17 04.05.1 7 Nil Gratuity, Leave Encash ment (incl HRA), Ex-Gratia on gratuity, Sick Leave (incl HRA) was paid (as per 2 MRS H PRABHA MEHTA 31.08 .2017 14,17 ,593 1,05,55 7 15,23 ,150 01.0 9.17 28.02.1 8 Nil S No NAME Date of Super annu ation Gratuity With Ex Grati a * Leave Encash ment Total Amo unt Paid Date of Grat uity paid Date of Leave Encash ment paid Balance Due (Gratuity with Ex-Gratia & Leave Encash ment) REMAR KS NCB rules till 16.9.20 17) 3 MRSSANDH YA KAK 30.09 .2017 13,50 ,000 2,63,63 2 16,13 ,632 29.0 9.17 21.02.1 8 Nil Gratuity, Leave Encash ment (without HRA), Ex-Gratia on Gratuity (As per relevant rules after CAG audit) (17.09. 2017-08.03.2 018) 4 SHSOMAVERMA KK ** 30.11 .2017 13,43 ,940 5,39,07 1 18,83 ,011 22.0 2.18 13.03.1 8 Nil 5 MRSANITA CHOPR A *** 31.01 .2018 14,00 ,000 5,90,34 3 19,90 ,343 22.0 2.18 18.05.1 8 Nil Footnotes:
* payment made after deduction of taxes with addition of amount paid 7th CPC arrear on leave encashment
**Incl Gratuity on Ex gratuity (Rs.348428/-) paid on dated 17.5.2018
*** Incl Gratuity on Ex gratia (Rs.400000/-) paid on dated 17.5.2018
RETIRED NCB EMPLOYEES
| S No | NAME | Date of Super annua tion | Gratuity | * Le av e En ca sh m en t | Total Amo unt Paid | Date of Grat uity paid | Date of Leave Encash ment paid | Balance Due (Gratuity & Leave Encash ment) | REMARKS |
|---|---|---|---|---|---|---|---|---|---|
| 1 | SH SATISH KUMAR AGARWAL | 30.11. 2020 | 20,00,0 00 | 11, 29, 64 0 | 31,29 ,640 | 24.1 2.20 | 03.04. 26 | Nil | Gratuity, Leave Encash ment was paid as per relevant rules after 09.03. 2018 (on adopti on of 7th CPC w.e.f 01.01. 2016) |
| 2 | SH K V HARIDASA N ** | 31.05. 2021 | 17,29,7 72 | 8,7 7,6 19 | 26,07 ,391 | 12.0 7.21 | 21.08. 24 | Nil | |
| 3 | SHPRASHANT KUMAR CHAKRABO RTY *** | 31.05. 2021 | 16,30,5 23 | 7,6 2,4 96 | 23,93 ,019 | 12.0 7.21 | 13.08. 24 | Nil | |
| 4 | SH JOSHI NARSING RAO | 30.06. 2021 | 20,00,0 00 | 10, 86, 72 0 | 30,86 ,720 | 12.0 7.21 | 03.04. 26 | Nil | |
| 5 | SHPALWINDE R SINGH **** | 31.06. 2021 | 14,17,2 18 | 7,1 1,2 24 | 21,28 ,442 | 29.1 0.21 | 29.07. 24 | Nil | |
| 6 | DRDEVENDER YADAV | 31.10. 2021 | 20,00,0 00 | 19, 38, 65 2 | 39,38 ,652 | 15.0 1.22 | 03.04. 26 | Nil | |
| S No | NAME | Date of Super annua tion | Gratuity | * Le av e En ca sh m en t | Total Amo unt Paid | Date of Grat uity paid | Date of Leave Encash ment paid | Balance Due (Gratuity & Leave Encash ment) | REMARKS |
| 7 | MRSKAUMUDI BHATNAGA R | 30.06. 2018 | 18,34,3 30 | 6,8 1,2 62 | 25,15 ,592 | 06.0 7.18 | 26.08. 18 | Nil | |
| 8 | SH KSD PRASAD | 31.08. 2018 | 20,00,0 00 | 6,8 1,6 53 | 26,81 ,653 | 18.0 9.18 | 28.02. 19 | Nil | |
| 9 | DR S K BREJA | 31.10. 2018 | 20,00,0 00 | 5,7 8,2 12 | 25,78 ,212 | 03.1 2.18 | 05.12. 18 | Nil | |
| 10 | SH MOHD IQBAL | 31.12. 2018 | 13,67,3 63 | 5,6 2,0 50 | 19,29 ,413 | 08.0 1.19 | 18.03. 19 | Nil | |
| 11 | SH KAPIL KUMAR GANGER | 31.12. 2018 | 12,89,8 89 | 5,7 8,7 73 | 18,68 ,662 | 08.0 1.19 | 28.02. 19 | Nil | |
| 12 | SHRABINDRA SINGH | 31.01. 2019 | 20,00,0 00 | 12, 11, 87 8 | 32,11 ,878 | 28.0 2.19 | 18.03. 19 | Nil | |
| 13 | SH K A SHAH | 30.06. 2019 | 20,00,0 00 | 9,0 2,2 70 | 29,02 ,270 | 16.0 7.19 | 28.08. 19 | Nil | |
| 14 | SH ARUN SOOD | 29.02. 2020 | 17,30,5 33 | 4,3 6,9 | 21,67 ,512 | 29.0 4.20 | 31.03. 20 | Nil | |
| S No | NAME | Date of Super annua tion | Gratuity | * Le av e En ca sh m en t | Total Amo unt Paid | Date of Grat uity paid | Date of Leave Encash ment paid | Balance Due (Gratuity & Leave Encash ment) | REMARKS |
| ****** | 79 | ||||||||
| 15 | SH M SELVARAJA N | 30.04. 2020 | 20,00,0 00 | 14, 55, 29 6 | 34,55 ,296 | 15.0 5.20 | 13.07. 20 | Nil | |
| 16 | SHPARDEEP KUMAR ***** | 31.05. 2020 | 19,22,5 04 | 8,4 5,6 89 | 27,68 ,193 | 16.0 6.20 | 18.09. 20 | Nil | |
| 17 | SH V V ARORA | 31.05. 2020 | 20,00,0 00 | 16, 07, 76 0 | 36,07 ,760 | 16.0 6.20 | 13.07. 20 | Nil | |
| 18 | SH S SRIDHARA N | 31.05. 2020 | 20,00,0 00 | 5,0 6,7 97 | 25,06 ,797 | 16.0 6.20 | 27.07. 20 | Nil | |
| 19 | SH T MOHAN RAO | 30.06. 2020 | 20,00,0 00 | 9,0 2,3 70 | 29,02 ,370 | 27.0 7.20 | 04.09. 20 | Nil |
Footnotes:
* payment made after deduction of taxes with addition of amount paid 7th CPC arrear on leave encashment
incl arrear on gratuity (Rs.148652/-) paid on dated 21.12.21
*** incl arrear on gratuity (Rs.140123/-) paid on dated 21.12.21
**** incl arrear on gratuity (Rs.32455/-) paid on dated 21.12.21
***** incl arrear on gratuity (Rs.63355/-) paid on dated 21.12.21
****** incl arrear on gratuity (Rs.57208/-) paid on dated 21.12.21
Learned counsel for the petitioners also submits that as per the directions passed by the Tribunal the compliance has to be done as per the NCB Rules, 1966, specifically, clause 14. He submits that the gratuity, too, has not been paid as per the Rules. He further submits that there is a calculation difference vis a vis the period rendered by them for the purpose of calculation of ex-gratia and gratuity payment. He submits that the petitioners are claiming interest on the delayed payment of leave encashment.
To a query posed to the learned counsel for the respondents, as to when the 7th CPC was adopted by the respondents, he submits that the same was implemented on 09.03.2026 and if the petitioners are having any grievance with respect to the calculation as to whether the benefits have to be accorded as the NCB Rules or the 7th CPC, the remedy lies elsewhere as it is a separate cause of action.
Learned counsel for the petitioners submits that only in the present case they have admitted the receipt of retiral dues.
We have gone through the compliance affidavit filed by the respondents as well as the directions issued by the Tribunal
In view of the above, the C.P. is closed and the notices are discharged. However, the petitioners shall be at liberty to agitate their surviving grievances with respect to calculation or applicability of relevant rules, if any, in accordance with law.
There shall be no order as to costs.