Original Application No. 275 of 2013. Case: K.C. Siddhpuria Vs Union of India. Central Administrative Tribunal
| Case Number | Original Application No. 275 of 2013 |
| Counsel | For Appellant: G.R. Malhotra, Advocate and For Respondents: M.J. Patel, Advocate |
| Judges | M. Nagarajan, Member (J) |
| Issue | Service Law |
| Judgement Date | July 15, 2014 |
| Court | Central Administrative Tribunal |
Order:
M. Nagarajan, Member (J), (Ahmedabad Bench)
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The grievance of the applicant in the O.A. is as to non-payment of interest on account of the fact that his retirement dues have been settled by the respondents belatedly. The applicant claims that the respondents are liable to pay interest @8% per annum on account of the fact that a sum of Rs. 3,70,586/- was withheld by the respondents on the ground that a disciplinary proceeding against him is pending.
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In support of the claim for payment of interest, the applicant has pleaded in the O.A. that he retired from service on 30-11-2003 and he was paid only provisional pension vide P.P.O. No. WR/11102/187802 dated 25-11-2003. According to the applicant, by a letter bearing No. E/C/308/1/88/2000 dated 09-12-2010 (Annexure-A/5) the respondents informed him that the charges levelled against him under the charge memo dated 26-7-2000 have been dropped and only thereafter paid the said sum of Rs. 3,70,586/- towards DCRG. The applicant claims that as per the Railway Boards orders, he is entitled for payment of interest on the said sum of Rs. 3,70,586/- in view of the fact that the disciplinary proceedings initiated against him came to be dropped. The applicant submits that in spite of his repeated requests and several representations made in this regard for payment of interest, the respondents have not taken any steps for payment of interest on the said sum of Rs. 3,70,586/-. Thus, being aggrieved by the inaction on the part of the respondents in not considering the case of the applicant for payment of interest on the said sum of Rs. 3,70,586/-, the applicant has filed this O.A. seeking a declaration that he is entitled for interest @ 8% per annum on the withheld DCRG amount of Rs. 3,70,586/- and for a direction for payment of the same.
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Pursuant to the notice issued, the respondents entered appearance and filed their reply. The respondents have not disputed any of the facts pleaded by the applicant. Thus, facts are not in dispute. The only contention taken by the respondents in their reply in respect of the claim made by the applicant is that that there is difference between dropping of charges and exoneration of charges.
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Heard the learned counsel for the applicant Mr. G.R. Malhotra and the learned counsel for the respondents Mr. M.J. Patel. The learned counsel for the applicant Mr. G.R. Malhotra argued that as per the Railway Boards order, the applicant is entitled for payment of interest...
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