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Judgment
Mohd. Jamshed, Member (A)
The applicant was working as Mali Horticulture under the Municipal Corporation of Delhi (MCD). He retired on attaining the age of superannuation on 28.02.2019 from Paharganj Division, North Municipal Corporation of Delhi. After retirement, he was granted GPF and leave encashment. However, his retiral dues for an amount of Rs.5,52,160/- towards Gratuity/DCRG and Rs.6,68,630/-towards commutation pension (total amounting to Rs.12,20,790/) has not been released till date. Ventilating his grievance, the applicant made representation dated 14.09.2021, followed by reminder dated 24.05.2022, but to no avail. Hence, he filed this O.A. seeking the following relief(s):
“(i) To direct the respondent to pass a speaking order on the representations of applicant in a time bound manner.
(ii) To direct the respondents to release the regular pension, and retiral benefits to the applicant forthwith with all consequential benefits to further direct the respondents to release the arrears of regular pension from the date of superannuation i.e. 28.02.2019 to the date of actual payment.
(iii) To direct the respondents to grant 12% rate of interest on the entire amount of retiral benefits along with arrears.
OR
(iv) Any other relief which this Hon‟ble court deems fit and proper may also be awarded to the applicants.”
The applicant contends that he made representation dated 14.09.2021 followed by reminder dated 24.05.2022 in this behalf. However, neither his retiral dues have been released nor any response has been given by the respondents so far.
Today, I heard Mr. Pushpinder Yadav, learned counsel for the applicant and Mr. Rajender Khatter, learned counsel, who appeared on advance service on behalf of the respondents, at the stage of admission.
Mr. Pushpinder Yadav, learned counsel for the applicant submits that the applicant was a Group „C‟ employee and even after lapse of more than three years, his retiral dues have not been released by the respondents, due to which he is suffering financial loss. He further submits that the applicant would be satisfied, if the respondents are directed to consider his pending representations dated 14.09.2021 and 24.05.2022 and to pass a reasoned and speaking order thereon, in a time bound manner.
Mr. Rajender Khatter, learned counsel for the respondents raised no objection to the prayer made by the learned counsel for the applicant.
Accordingly, the O.A. is disposed of, at the admission stage itself, without going into the merits of the case, with a direction to the respondents to consider the aforesaid pending representations of the applicant and to pass a reasoned and speaking order thereon, as early as possible, and in any case not later than six weeks from the date of receipt of a copy of this order, under intimation to the applicant.
There shall be no order as to costs.