M.G.Goel vs Govt. Of Nct Of Delhi & Ors.
2011 Latest Caselaw 3854 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+             WRIT PETITION (CIVIL) NO.1125/2007

                                    Date of Decision: August 9, 2011


       M.G. GOEL                               ..... Petitioner
                          Through   None.

                     versus

       GOVT. OF NCT. OF DELHI & ORS.               ..... Respondents
                      Through    None.

       CORAM:
       HON'BLE MR. JUSTICE ANIL KUMAR
       HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
1.     Whether Reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the Reporter or not? No
3.     Whether the judgment should be reported in the Digest? No

ANIL KUMAR, J. (ORAL)

1. The petitioner has challenged the order dated 23rd

December, 2004 passed by the Central Administrative Tribunal,

Principal Bench, in OA No.545/2004, titled as M.G. Goel v.

Government of NCT & Ors., whereby the Tribunal had allowed the

original application of the petitioner with a direction to pay interest

on delayed payment of pensionary benefits, i.e. gratuity, leave

encashment, arrears of pension etc. @ 12% per annum, as has

been allowed in similar cases as decided by the Tribunal.

2. The Tribunal had further held that the interest will be

payable to the petitioner from the dates the payments became due

to him till actual payments would be made.

3. The petitioner has challenged the order of the Tribunal

as the interest has not been allowed by the Tribunal on the

commutation of pension as well as benefit of commutation of

pension from the date following the date of retirement along with

interest thereon. The petitioner has also sought the restoration of

authority dated 5th July, 2002 authorizing commutation of pension

to the petitioner from the date following the date of his retirement

which was superseded by issuing authority by order dated 11 th

October, 2002. He has also sought difference of commutation of

pension amounting to Rs.11,447.00 with interest from 1 st

November, 1994 till the date of actual payment along with interest

@ 12% per annum.

4. No one was present on behalf of the parties on 8 th July,

2001. However, no adverse order was passed in the interest of

justice and the matter was allowed to remain on board in the

category of 'Regular matters'.

5. Today again, no one is present on behalf of the parties.

In the circumstances, this Court is left with no alternative but to

dismiss the writ petition in default of appearance of the petitioner

and his counsel.

6. The writ petition, is therefore, dismissed in default.

ANIL KUMAR, J.

SUDERSHAN KUMAR MISRA, J.

AUGUST 09, 2011 dr