Ram Kishan vs Secretary

The applicant in the OA retired (voluntarily) on 04.11.1997 from the post of Under Secretary, Ministry of Defence, New Delhi. Consequent upon the implementation of the 5th Central Pay Commission effective from 01.01.1996. The pension of the applicant was revised which resulted in certain increase over and above his original commuted amount of pension on superannuation. The differential amount of Death-cum- Retirement Gratuity and Commutation Value works upto Rs. 88053/- and Rs. 162606/- respectively. The applicant states that the same has not been paid to him despite various representations made on the issue to the concerned divisions of the Ministry of Defence, New Delhi.

The respondents in their counter affidavit submit that on implementation of recommendations of 5th CPC, arrears of Rs. 88053/- (gratuity) and Rs. 162606/- were authorised for payment to the applicant vide PAO"s letter No.713179700322 dated 10.02.1988. It is submitted that separate bills for both the amounts were prepared by the Cash Section of the respondent Ministry and sent to the Pay and Accounts Office for making necessary payment to the applicant. As per the information provided from PAO the above mentioned bills were passed on 20.02.1998 and the cheques against these amounts were forwarded to the respondent-Ministry.

The respondents stated that as of today there is no record available with the Department whether the aforementioned cheques were en-cashed or not, although the presumption is that the cheques had been received by the applicant at the relevant time.

During the course of hearing on 17.12.2018, the learned counsel for the applicant, Shri D.K.Chopra stated that the applicant is a senior citizen, who retired two decades ago and has been denied his rightful dues by the respondents, who have merely mentioned that the cheques have been issued in his favour. However, the respondents have neither provided the cheque numbers, nor given the date of issue of cheques pertaining to the aforementioned payments despite repeated requests. Shri Chopra argued that as per GFR Rules, the records pertaining to Pay and Accounts Office have to be mandatorily preserved for a period of 35 years by the respondents. Hence the plea taken by them that the records are not available is wrong.

The learned counsel for the respondents, Shri Hanu Bhaskar laboriously took the bench through the facts of the case. He informed me that the applicant had filed an MA No.4329/2017 seeking condonation of delay in filing the OA. The same was dismissed on 27.07.2018 being defective, with liberty to file a fresh MA. The applicant then filed a fresh MA No.3548/2018 raising the same ground as raised in the earlier MA No.4329/2017. Shri Hanu Bhaskar stated that the cause of action if any, arose to the applicant in 1997. However, the applicant represented regarding non-payment of gratuity and commutation of pension for the first time in August, 2013. Sh. Bharkar forcefully argued that the OA of the applicant is hopelessly time barred and not maintainable. He emphasized that on merit too - the claim lacks credence since admittedly the bills for the payments claimed had already been prepared and passed by the respondents in 1998.

I have gone through the facts carefully.

The contention of the respondents is that the bills amounting to Rs. 88053/- (gratuity) and Rs. 162606/- commutation of pension were prepared by the Cash Section of respondent Ministry on 10.02.1988 and sent to office for making the necessary payments. It has also been reported by the PAO of the respondent department that the bills were passed on 26.02.1992 and cheques forwarded to respondent Ministry.

Undoubtedly, the applicant has been laxe in following up his case. His contention that he had been following up his case with the respondents is not supported by any documentary evidence. The first proof furnished by him (duly accepted by the respondents) is the representation sent by him in August, 2013, regarding non receipt of gratuity & commutation of pension.

In some of the internal correspondence on the subject, (provided to the applicant by the respondents under RTI) - it has been mentioned that :-

"Ministry of Defence D (Est-I/Gp.II

Sub: Pensionere"s Grievance - Non payment of dues/arrears as a result of 5th CPC request from Shri Ram Kishan, Ex-under Secretary, (Voluntary Retirement 04.11.1997).

With reference to D(Est.2/Cash) Section"s ID No.PBR-2/D (Est-2/Cash)/2016 dated 15.06.2016 it is further requested to provide documentary evidence viz. receipt etc. vide which Shri Ram Kishan Ex- US MOD might have received the two cheque of the amount in question.

(DIPANKAR DUTTA)

Under Secretary, D (Est.1/Gp.II)

Phone: 23012538 AO, D(Est.2/Cash) MoD ID No.A-38016/01/2016-D (Est.1/Gp.II) dated 27th June, 2016 Copy to:

Pay & Account Officer,

With

request to

check

and

Ministry of Defence (Civil),

intimate the action taken on

Room No.75, „B" G-Block, K

the bills detailed as under :-

Kamraj, Marg, New Delhi.

(i)

Bill

No.2769/GD/1997

Dated

19.02.1998

for

Rs.88053/-

(ii)

Bill

No.2770/GD/1997

dated

19.02.1998

for

Rs.162606/-

(iii)

Ref.

Letter

No.PAO-

1/713179700322 dated

26.02.2016.

Shri Ram Kishan,Ex-US,

For

information along

with

MoD, B-3/119, Paschim

copy of the reply of

Vihar, New Delhi - 110

D(Est.2/Cash)

dated

063.

15.06.2016.

Shri Ram Kishan,Ex-US, For information along with MoD, B-3/119, Paschim copy of the reply of Vihar, New Delhi - 110 D(Est.2/Cash) dated 063. 15.06.2016.

(vi) That Pay Accounts Office (DAD) Ministry of Defence (Civil), New Delhi vide its letter No.P.A.O./1/713179700322 dated 09.11.2016 addressed to accounts Officer (Cash), Ministry of Defence, New Delhi had informed them that Bill Nos.2769/GD1997 and 2770/GD/1997 dated 19.02.1998, Annexure A-3 (Page No.33-34) amounting to Rs.88053 and Rs.162606/- respectively were sent to PAO, Office, which were passed on 26.02.1998 and the cheques against both these bills were sent to the Account Officer (Cash), but the records of these bills is not traceable in their office. It has been requested by PAO (DAD), Ministry of Defence (Civil), New Delhi to the account Officer (Cash), Ministry of Defence to intimate the cheque numbers against these bills and details viz., when and by which mode these were issued to the applicant i.e. Shri Ram Kishan."

Further, on 23.02.2017, the Ministry of Defence informed the applicant (under RTI) that it has been confirmed by the PAO (DAD) that the bills amounting to Rs. 88,053/- and Rs. 162606/-were passed on 26.02.1988 and payments were released to Shri Ram Kishan retired Under Secretary through Cheques. However, they have not intimated the cheque numbers/dates, on the ground that being an old case the receipt records are not traceable.

From the foregoing discussion - it emerges that though the bills for the amount of Rs. 88,053 and Rs. 1,62,606 were sanctioned but there is nothing to show that these were actually released to the applicant. The respondent organisation has shown no proof of receipt of these cheques or of their encashment by the applicant. Mere proof of issue of bills does not absolve them of their responsibility of ensuring that legitimate retiral dues of an employee are not only released but also paid to him on time. In case of any doubt, the onus of proving that such an amount was actually released to the rightful claimant also, lies on them.

In view of the aforesaid, I direct the respondents to furnish proof that the two cheques amounting to Rs.88053/- and Rs.162606/- were actually delivered/received by the applicant and were encashed by him. Concerted efforts may be made by the respondents to find out the details (either from the Cash Section or from the Bank concerned) in this regard. This exercise must be completed within three months from the date of issue of this order. Proof of payment, if found, should be duly informed to the applicant. In case, the respondents are unable to furnish that proof, they are directed to issue fresh cheques to the applicant for the amount of Rs. 88053/- and Rs. 162606/-. However, since the applicant represented to the respondents only in August, 2013, the respondents are directed to pay the interest of aforesaid amount only w.e.f. August, 2013 till the date the actual amount is paid to the applicant. The O.A. is accordingly disposed of. No costs.