Bimlesh vs Municipal Corporation Of Delhi And Anr.
2025 Latest Caselaw 2169 Del

Delhi High Court

Bimlesh vs Municipal Corporation Of Delhi And Anr. on 12 February, 2025

Author: C.Hari Shankar

Bench: C. Hari Shankar

                  $~89
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 1754/2025 and CM APPL. 8413/2025
                            BIMLESH                                           .....Petitioner
                                                   Through: Mr. J.S. Mann, Mr. Mayank
                                                   Kumar and Mr. Sourav Siddhartha, Advs.

                                                   versus

                            MUNICIPAL CORPORATION OF DELHI
                            AND ANR.                                  .....Respondents
                                         Through: Mr. Anand Prakash, Standing
                                         Counsel with Ms. Varsha Arya and Mr.
                                         Satbeer Prajapati, Advocates

                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE AJAY DIGPAUL
                                                  JUDGMENT (ORAL)

                  %                                  12.02.2025

                  C.HARI SHANKAR, J.

1. In this petition, the petitioner is aggrieved by the grant of interest by the Central Administrative Tribunal1 on retiral benefits due to him at GPF rate.

2. We have noted in an earlier order dated 4 February 2025, passed in WP (C) 401/20252, that there was some lack of consistency in orders passed by the Tribunals with respect to the rate of interest awarded on delayed payment of the retiral benefits. We had,

1 "the Tribunal", hereinafter 2 "Rajbir Singh v The Commissioner, MCD"

therefore, remanded the said matters to the Tribunal for constitution of a Bench to determine at what rate the interest should be paid on retiral benefits, which are delayed.

3. In these circumstances, this writ petition is also disposed of, by setting aside the impugned order, to the extent it grants interest on delayed payment of retiral benefits to the petitioner at the GPF rates. The matter shall stand remanded to the Tribunal to be heard along with the matters remanded by the aforesaid order, which we are told are listed before the Tribunal on 19 February 2025.

4. The Tribunal would be at liberty to maintain or increase the rate of interest, as deemed appropriate, after hearing all sides.

5. The writ petition is disposed of, in the aforesaid terms.

Dasti.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

FEBRUARY 12, 2025/yg Click here to check corrigendum, if any