Sujatha K vs Union Of India And Others

K. Haripal, Member J

The applicant joined the department as Postal Assistant on 4.7.1995. While working as Accountant, she took voluntary retirement from service, after putting in 26 years of service. She approached the respondents expressing her desire to retire voluntarily on 31.03.2021, which was accepted on 28.6.2021 and she was relieved from her duties with effect from 5.7.2021. The applicant had submitted her pension papers including application for releasing retirement gratuity on 6.7.2021. The grievance of the applicant is that despite long lapse of time, her retirement gratuity was not paid in full, an amount of Rs.1,64,377/- was unnecessarily withheld. She has approached this Tribunal praying for a direction to quash Annexures A-4, A-5 and A-7 documents and for a direction to the respondents to disburse the withheld gratuity amount of Rs.1,64,377/- and other retiral benefits due to the applicant with interest at the rate of 9% per annum.

The respondents filed a reply statement stating that at the time when working as Accountant, she has been identified as one among the officials who were responsible for over-payments of amounts to two persons, to Smt.Omana K.K, a family pensioner and Smt.Bhanumathy P, who is a service pensioner and that the amount withheld is the amount over-paid to those two persons. Such an amount was withheld pending recovery of amounts from those two pensioners, to safeguard and protect the interest of the department. Thereafter, the respondents filed an additional reply statement stating that those amounts have been recovered in lump on 20.8.2022 and that steps are being taken to release the balance amount to the applicant.

Today, the learned counsel for the applicant has acknowledged that the balance amount of Rs.1,64,377/- has already been disbursed to the applicant on 27.7.2023. In the circumstance, the learned counsel for the applicant submitted that he is confining the relief to grant of interest for the withheld amount of Rs.1,64,337/- from the date the amount was withheld till the date of actual payment.

The learned counsel for the applicant submitted that such an amount has been withheld arbitrarily and illegally, there was no disciplinary or judicial proceedings initiated against her nor she is involved in any criminal case. Therefore, withholding of the amount done by the respondents was uncalled for.

On the other hand, according to the learned Standing Counsel, the applicant was also responsible for over-payments, pending recovery of such amounts, the sum of Rs.1,64,337/- could not have been released. According to the learned counsel, had it been not a voluntary retirement, the applicant would have continued in service and there was no question of withholding the amount.

As came out, the applicant had submitted her representation seeking voluntary retirement on 31.3.2021 and the same was accepted on 5.7.2021. It is the statutory mandate that the amount including gratuity etc. due to the pensioner be released immediately on retirement from service. At that time, even though there was no disciplinary or judicial proceeding pending against her, the respondents had noticed that the applicant, along with some other officials, was instrumental in making two over-payments to Smt.Omana and Smt.Bhanumathy. Later those amounts have been recovered and settled on 20.8.2022. Even then, the balance amount was not released and the applicant had moved this Tribunal with the above quoted reliefs on 25.4.2022.

After all, the applicant was only a Postal Assistant. Having regard to the nature of the duties performed by a Postal Assistant, it cannot be thought that she could take any decision causing monetary loss to the department. The respondents do not state in clear terms as to how her acts had resulted in causing over-payment to the said Omana and Bhanumathy. In the circumstance, it cannot be appreciated as to how legitimate amounts payable to a pensioner could be withheld, without any disciplinary proceedings. Any how, entire amount has since been released. Immediately after the settlement of two over-payments, the balance gratuity should have been released. The applicant is justified in claiming interest for the delay after 20.8.2022.

Having considered rival arguments, I direct that the respondents shall make the payment of interest at the rate of 8% per annum to the applicant for the withheld amount of Rs.1,64,377/- from 20.8.2022 till the date of actual payment. This shall be worked out and paid to the applicant within a period of 60 days from the date of receipt of a copy of this order.

The Original Application is disposed of as above. No costs.

(Dated, this the 7th September, 2023)