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Judgment
Dr. Chhabilendra Roul, Member (A)
The present applicant has filed this OA against the order dated 27.07.2022 seeking following reliefs-
“a) To quash and set aside the order dated 21-07-2022 (ANNEXURE-A-1 impugned order)
b) To direct the respondents to release remaining amount of retirement benefits etc. as per details furnished in ANNEXURE -A-4 and monthly pension.
c) To direct the respondents to grant interest @ 12% or as deemed fit in respect of all delayed payments of retirement benefits including pension as per details furnished in ANNEXURE-A-4.
d) Any other relief or direction which this Hon'ble Tribunal deems fit and proper in view of the facts and circumstances of the case may be granted/passed in favor of the applicant and against the respondents.”
The brief facts of the case are that Shri Naresh Kumar, who was working as Assistant Malaria Inspector, Health Officer/North DMC retired from service on 31.12.2019. However, as on date his retiral benefits relating to Gratuity and CVP are still pending with the MCD. Vide order dated 21.07.2022, the respondents have admitted that this amounts are due to the applicant but due to financial stringency of the erstwhile NDMC, right now they are not able to pay the due amounts. The order dated 21.07.2022 reads as under:-
“That matter was examined in light of legal notice dated 25.11.2021. That vide the said legal notice the applicant has claimed a total sum of Rs. 19,46,558/- towards Gratuity and commutation etc.
That it is pertinent to mention here that as per the information provided by DCA/RZ the following payment are still to be made and are pending:-
Rs. 9,41,645as Gratuity
Rs. 10,04,913-as Commutation
The said both bills has been passed on 02.12.2019 and there is no delay on the part of Public Health department Rohini Zone. As per the information provided by DCA/RZ payment released as per seniority/queue basis/ fund released from HQ. It is further informed by DCA RZ that the above payment amounting Rs. 19,46.558 could not be made to the applicant due to paucity of funds financial crunch in Municipal Corporation of Delhi and the payment will be credited to the account of the applicant as and when the funds released as per queue basis.”
In view of this learned counsel for the applicant requested that the respondents may be directed to release the aforesaid retiral benefits and he also prayed for interest on alleged delayed payments of retiral dues as mentioned above.
Perusal of the counter affidavit filed by the respondents shows that the file of applicant for payment of terminal benefits was sent to the Addl. Commissioner (HQ) and same was received back from the office of Addl. Commissioner (HQ) on 15.10.2022 wherein Addl. Commissioner(HQ) sought calculation sheet for gratuity and Commutation. Now file has been again sent to Addl. Commissioner (HQ) along with calculation sheet for release of payment of terminal benefits on priority basis.”
I have gone through the records thoroughly and heard the arguments made by learned counsel for the applicant carefully. It is admitted fact that retiral benefits to the applicant have not been fully released. It is admitted by both the parties that amount due to the applicant is Gratuity to the tune of Rs. 941645/- and pending commutation Rs. 10,04,913/- and the respondents have admitted that bills have been prepared and have been sent to the Additional Commissioner, Head Quarters and once the amount received from the head Quarters they will be able to pay the due amount to the applicant. In view of this, the claims of the applicant in the present OA are justified. The respondents are directed to pay the aforesaid remaining amounts of pensionary benefits such as gratuity, pending commutation within a period of four weeks from the date of receipt of a certified copy of this order along with 8.5% interest for delayed payment of GPF, gratuity and pending commutation from the date of superannuation to till the date of payment to the applicant.
The OA is disposed of in view of the aforesaid terms. No orders as to costs.