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Judgment
Hon’ble Dr. Anand S Khati, Member (A):):-
In the present Original Application, filed under Section 19
of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:
“(i). Allow the application. (ii). Command /direct the Respondents to issue order to convert applicant's provisional pension into regular/final pension with immediate effect and pay consequential benefits and issuance of final pension payment order (PPO).”
The applicant, who appears in person submits that he was appointed as Lecturer (English) in the Directorate of Education, Government of NCT of Delhi, and superannuated from service on 31.12.2010. During his service, a criminal case was registered by the CBI in 2006 in connection with the affairs of a Cooperative Group Housing Society, in which the applicant was functioning as Honorary Secretary. Owing to the pendency of the criminal proceedings, the respondents sanctioned only provisional pension to the applicant from 01.01.2011 and withheld his regular pension, gratuity and settlement of the suspension period. The criminal proceedings continued for about 19 years. Subsequently, the learned Trial Court, vide order dated 28.08.2025, discharged the applicant from the criminal case. Although the CBI preferred a revision petition against the said order in the higher courts, no stay of the operation of the discharge order has been granted, and the discharge order continues to operate. It is also stated that no departmental or disciplinary proceedings are pending against the applicant. Despite the discharge
and the absence of any departmental proceedings, the respondents have not regularized the applicant’s provisional pension or released his gratuity and other retiral dues, including the dues relating to the suspension period. Aggrieved by the continued withholding of his retiral benefits, the applicant has approached this Tribunal seeking release of his regular pension, gratuity, arrears and other consequential benefits, along with interest.
It is further submitted that the applicant submitted various representations and a latest representation dated 15.06.2026 (Annex. A11) seeking release of DCRG and grant of final pensionary benefits and order for regular/final pension. However, the same has not been considered till date. He submitted that the applicant would be satisfied if a direction is issued to the respondents to consider and dispose of the said representation by passing a reasoned and speaking order within a stipulated time frame.
Issue notice. Mr. H A Khan, learned counsel, appears and accepts notice on behalf of the respondents. He seeks some time to obtain appropriate instructions.
In view of the limited prayer made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the
respondents to consider and decide the representation of the applicant dated 15.06.2026 (Annexure A1) by passing a reasoned and speaking order, strictly in accordance with law, within a period of six weeks’ from the date of receipt of a certified copy of this order.
The O.A. stands disposed of in the aforesaid terms, without entering into the merits of the case, at the admission stage itself. Pending M.A(s), if any, shall also stand disposed of accordingly. There shall be no order as to costs.