Tribunals and CommissionsSingle Bench(2022) 05 CAT CK 0775

Raj Nath Srivastava vs Union Of India & Ors.

Central Administrative Tribunal · Decided on 19 May 2022

HON’BLE JUDGES
Pratima K. Gupta, Member-J
CASE NUMBER
Original Application No. 478 of 2020

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Judgment

7 paragraphs · 281 words

O R D E R

Shri Sunil vice Shri G.P. Srivastava, ld. counsel for the applicant and Shri Raghvendra Pratap Singh, ld. counsel for the respondents are present.

2.

By way of this O.A., the applicant has sought direction to the respondents to pay penal interest on the payment of gratuity of commuted value of pension from the date of retirement i.e. 30.01.2010 till the date of actual payment which was made in July 2018. Ld. counsel also submits that the applicant has submitted a comprehensive representation dated 21.05.2019 (Annexure A-11) to the competent authority in this regard and would be satisfied if a direction is given to the said authority to decide his representation within the stipulated time in accordance with the rules and by passing a reasoned and speaking order.

3.

Ld. counsel for the respondents submits that the O.A. is barred by limitation as the cause of action arose to the applicant in the year 2018 and the present O.A. was filed after a delay of two years in the year 2020. He also submits that there is no delay condonation application is on record. However, he submits that the competent authority would take a considered view while deciding the representation of the applicant.

4.

Accordingly, the instant O.A. is disposed of with a direction to the competent authority amongst the respondents to decide the representation dated 21.05.2019 (Annexure A-11) within a period of 08 weeks from the date of this order by passing a reasoned and speaking order.

5.

Needless to say that this Bench has not commented upon either the merits of the case or the claim of the applicant.

6.

No order as to cost.