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Judgment
By way of the present Original Application, the applicant seeks the following reliefs:-
“i.To direct the respondents to release remaining amount of retirement benefits etc. as per details furnished in Annexure-A-1. ii. To direct the respondents to grant interest @12% or as deemed fit in respect of all delayed payments of retirement benefits including pension as per details furnished in Annexure A-1.
iii.Any other relief or direction which this Hon’ble Tribunal deems fit and proper in view of the facts and circumstances of the case may be granted/passed in favor of the applicant and against the respondents.”
The applicant who retired on 01.09.2016 as Malaria Inspector, has been seeking direction to the respondents to release retirement dues/monthly pension and interest of the delayed payment of the same. In this regard, he has sent a legal notice dated 11.11.2018 requesting the respondents to release the retirement benefits including pension and payment of interest on the delayed payment. However, no reply has been received so far from the respondents. Being aggrieved, he has approached this Tribunal with the aforementioned reliefs.
Learned counsel for the applicant places before this Tribunal two lists as Annexure A-4 with the subject ‘List of identical cases/OAs allowed with directions for payment of retirement benefits with 12% interest’. He submits that in the mentioned OAs, this Tribunal has directed the respondents to make payment of the interest at the rate of 12% on the delayed payment due to the applicants therein. He further draws attention to Decision dated 05.12.2023 passed by this Tribunal in the matter of Kartar Singh vs. Municipal Corporation of Delhi in OA No.262/2023 wherein the respondents were directed to pay the interest to the applicant @12% per annum for the delayed payment. He further draws attention to Order dated 13.09.2021 passed by the Hon’ble High Court of Delhi in W.P(C) No.9947/2021 wherein stay of order dated 24.07.2019 passed by this Tribunal has been sought by the East Delhi Municipal Corporation which was directed to pay the interest @ 12% per annum vide the said order dated 24.07.2019. However, the said Writ Petition has been dismissed by the Hon’ble High Court of Delhi.
Per contra, learned counsel for the respondents draws attention to counter affidavit, particularly to Para 4.6 wherein it is stated that the delay was neither intentional nor deliberate but was due to tight financial condition of the North DMC and as no mala fide intention was there in this delay, the claim of interest is not justified.
Heard Mr. J. S. Mann, learned counsel for the applicant and Mr. Aman Oberoi, learned counsel for the respondents, and perused the materials available on record.
Considering the arguments made by the learned counsel for both the parties, I am of the opinion that since the ratios laid down by this Tribunal and the Hon’ble High Court of Delhi in the similar matters mentioned herein above, I find no reason not to pass the similar directions to the respondents. Hence, the respondents are directed to pay the interest @12% per annum to the applicant for the delayed payment of retirement benefits due to him, within a period of three months from the date of receipt of a copy of this Order.
The OA is disposed of in the aforesaid terms. No costs.
(Dr. Anand S. Khati)
Member (A)