Sujatha K. vs Union of India & Ors.

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.

Annexure A1 - A true copy of the Memo No. B 428 dated 28.06.2021 issued by the 3 respondent.

Annexure A2 - A true copy Gratuity Payment Order No. 4808/Postal/2021/ KE/26407 dated 29.09.2021.

Annexure A3 - A true copy of the letter No. C/1712 dated 11.11.2021 issued by the 3 respondent.

Annexure A4 - A true copy of the letter No. C/1712 dated 06.01.2022 issued to the applicant by the 3 respondent along with transcribed copy.

Annexure A5 - A true copy of the Order No. C/1712 dated 14.02.2022 issued by the 3 respondent along with transcribed copy.

Annexure A6 - A true copy of the representation dated 04.03.2022 submitted by the applicant to the Deputy Secretary, Department of Pensions and Pensioners Welfare.

Annexure A7 - A true copy of the letter No.C/1712 dated 29.03.2022 issued by the 3 respondent to the applicant.

Annexure A8 - A true copy of the letter No. AN2/TEL/IDA/180/73 dated 05.07.2021 issued by the Postmaster Thrissur to the 3 respondent.

Annexure A9 - A true copy of the letter No.C/1544 dated 14.08.2018 issued by the 3 respondent to the Director of Accounts (Postal), Department of Posts.

Annexure A10 - A true copy of letter No. 14/Pen-4/NPS/2017 dated 18.04.2018 issued by the Director of Accounts (Postal) to the 3 respondent.

Annexure A11 - A true copy of letter No. 4232 Pen-4/NPS/2017 dated 21.11.2017 issued by Director of Accounts to 3 respondent.

Annexure A12 - A true copy of letter No. C/1544 dated 08.08.2017 issued by the 3 respondent to the Director of Postal Accounts (Pension).

Annexure A13 - A true copy of the circular No. CO/LC/OA/32/08 dated 08.07.2010 issued by the 2 respondent.

Annexure A14 - A true copy of the Memo F. No. 18/03/2015-Estt.(Pay-I) dated 02.03.2016 issued by the 1 respondent.

Annexure A15 - A true copy of the letter dated 27.07.2020 issued by Assistant Director General (Pension) on behalf of the 1 respondent.

Annexure A16 - A true copy of Memo dated 30.11.2021 issued on behalf of the 1 respondent.

Annexure A17 - A true copy of the order dated 26.06.2019 in O.A. No. 152/2019 of this Tribunal.

Annexure A18 - A true copy of the O.M. No. F. 7/7/1/93-P&PW(F) dated 25.08.1994 issued on behalf of the Department of Pension and Pensioners Welfare.

Annexure A19 - A true copy of the O.M No. 38/34/2001-P&PW(F) dated 29.04.2002 issued on behalf of the Department of Pension and Pensioners Welfare.

Annexure A20 - A true copy of the O.M No. 38/64/98-P&PW(F) dated 01.05.2012 issued on behalf of the Department of Pension and Pensioners Welfare.