Delhi High Court
Dr. Suman Bala vs Municipal Corporation Of Delhi on 13 February, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 643/2025, CM APPLs. 3076/2025, 3077/2025 &
3078/2025
DR. SUMAN BALA .....Petitioner
Through: Mr. Ankit Bhadoria and Ms.
Karishma and Mr. Umesh Singh, Advs.
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through: Mr. Akhil Mittal, Standing
Counsel.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 13.02.2025
C. HARI SHANKAR, J.
1. The petitioner moved the Central Administrative Tribunal1 by
way of OA 2218/2023, seeking a direction to the respondent to pay, to
the petitioner, arrears of gratuity, commutation of pension and pay of
arrears, with which the petitioner alleged, had not been paid to her
despite further representation.
2. By judgment dated 17 May 2024, the Tribunal held the
petitioner to be entitled to be paid the said arrears along with interest.
The penultimate paragraph 6 of the judgment of the Tribunal reads as
"the Tribunal" hereinafter
under:
"6. In the light of the above facts and circumstances of the
case, it is an undisputed fact that there has been delay in releasing
the retiral dues to the applicant. Therefore, on the basis of well
settled law, as enumerated herein above, all the OAs are disposed
with a direction to the respondents to release all remaining retiral
benefits due to the applicants from the date of their retirement.
While doing so, the respondents shall provide to the applicants due
and drawn statement. Interest for delayed payment, at this state,
cannot be acceded to as we are informed that the MCD is facing
acute financial crises. This exercise shall be done within a period
of three months from the date of receipt of a certified copy of this
order, failing which all the applicants shall be entitled to interest @
12% from the date of expiry of period of three months as stated
herein above. If there is any further delay beyond the period of six
months, then the applicants shall be entitled for interest at the rate
of 12% instead of at the rate of 7.5%."
3. The petitioner has approached this Court, aggrieved by two
aspects of the final judgment of the Tribunal.
4. Apropos the interest awarded to the petitioner on her retiral
benefits, the petitioner contends that the interest ought to have been
awarded from the date of retirement of the petitioner and not
commencing from the expiry of three months from the date of the
judgment of the Tribunal. The second objection of the petitioner is
with respect to the rate of interest. The petitioner seeks interest at the
rate of 12.5 % p.a. throughout.
5. Apropos the first aspect, we are in agreement with the petitioner
that the petitioner would be entitled to interest from the date of her
retirement.
6. We, therefore, direct the respondent to the extent of grant of
interest to the petitioner, therefore, the impugned judgment would
stand modified by holding the petitioner to be entitled to interest from
the date of her retirement and not from the date of expiry of three
months from the date of the judgment of the Tribunal.
7. However, insofar as the rate of interest is concerned, we have
noticed in our recent decision in MCD v Bijender Singh2 that the
Tribunal is, in different orders, awarding interest on different rates.
We, therefore, have remanded similar matters to the Hon'ble
Chairman of the Tribunal to constitute a Bench to attempt to arrive at
a uniform rate of interest on retiral benefits.
8. We are told that the said matters are listed before the Tribunal
on 19 February 2025.
9. In that view of the matter, this petition is disposed of in the
following terms:
(i) The petitioner is held entitled to interest on her retiral
benefits from the date of her superannuation.
(ii) Insofar as the rate of interest to which the petitioner
would be entitled, the OA is remanded to the Tribunal to be
heard on 19 February 2025 along with other matters involving
similar issues.
(iii) Till then, however, respondents are directed to comply
2 2024 SCC OnLine Del 7716
with the impugned judgment passed by the Tribunal within a
period of two weeks from today.
(iv) If, consequent to the remand proceedings before the
Tribunal, the petitioner is entitled to any further interest, the
interest would be paid by the respondent to the petitioner, on the
basis of the time granted by the Tribunal for the said period.
10. This writ petition is disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
FEBRUARY 13, 2025
dsn
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