Kerala High Court
OP (CAT)/4515/2012 of UNION OF INDIA Vs JOLLY SUKESH on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 OP (CAT).No. 4515 of 2012 (Z) ----------------------------- OA.NO.956/2010 of CENTRAL ADMINISTRATIVE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR &THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
OP (CAT).No. 4515 of 2012 (Z) ----------------------------- OA.NO.956/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH----------------------------------- PETITIONER(S):
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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001.
2. THE RGISTRAR GENERAL, INDIA (GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS), NO. 2 A MANSINGH ROAD, NEW DELHI-110 001. (GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS), NO. 2 A MANSINGH ROAD, NEW DELHI-110 001.
3. THE DIRECTOR, DIRECTORATE OF CENSUS OPERATIONS KERALA, CGO COMPLEX, POONKULAM, VELLAYANI P.O.,TRIVANDRUM-22. DIRECTORATE OF CENSUS OPERATIONS KERALA, CGO COMPLEX, POONKULAM, VELLAYANI P.O.,TRIVANDRUM-22.
4. THE PAY AND ACCOUNTS OFFICER (CENSUS) MINISTRY OF HOME AFFAIRS, AGCR BUILDING,NEW DELHI-110 002. MINISTRY OF HOME AFFAIRS, AGCR BUILDING,NEW DELHI-110 002.
5. THE PAY AND ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THRIKOOT-II COMPLEX, BHIKAJI CAMA PLACE, NEW DELHI-110 006. CENTRAL PENSION ACCOUNTING OFFICE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THRIKOOT-II COMPLEX, BHIKAJI CAMA PLACE, NEW DELHI-110 006.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
RESPONDENT(S):
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1. JOLLY SUKESH, AGED 61 YEARS,W/O. B.SUKESH, RETIRED STATISTICAL INVESTIGATOR (GRADE-III), DIRECTORATE OF CENSUS OPERATIONS, CGO COMPLEX, POONKULAM, VELLAYANI P.O., TRIVANDRUM RESIDING AT NO. TC 10/1088, KPW-16 A, KAVALOOR LANE, VATTIYURKAV P.O., TRIVANDRUM. RETIRED STATISTICAL INVESTIGATOR (GRADE-III), DIRECTORATE OF CENSUS OPERATIONS, CGO COMPLEX, POONKULAM, VELLAYANI P.O., TRIVANDRUM RESIDING AT NO. TC 10/1088, KPW-16 A, KAVALOOR LANE, VATTIYURKAV P.O., TRIVANDRUM.
2. SMT. GIRIJA,JOINT DIRECTOR (AD-HOC), DIRECTORATE OF CENSUS OPERATIONS KERALA, CGO COMPLEX, POONKULAM, VELLAYANI P.O.,TRIVANDRUM-22. DIRECTORATE OF CENSUS OPERATIONS KERALA, CGO COMPLEX, POONKULAM, VELLAYANI P.O.,TRIVANDRUM-22.
OP(CAT)NO.4515/2012
3. SHRI. RAJIV,
DEPUTY DIRECTOR,
DIRECTORATE OF CENSUS OPERATIONS KERALA, CGO COMPLEX, POONKULAM, VELLAYANI P.O., TRIVANDRUM-22.
BY
THIS OP (CAT) HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(CAT)NO.4515/2012
APPENDIX
PETITIONER'S EXHIBITS:
P1COPY OF THE O.A.NO.956 OF 2010 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 02/11/2010
P2COPY OF THE REPLY STATEMENT DATED MARCH, 2011
P3COPY OF THE MISCELLANEOUS APPLICATION NO.90 OF 2012 DATED 14/01/2012
P4COPY OF THE REPLY STATEMENT IN M.A.NO.90 OF 2012 DATED 02/03/2012
P5COPY OF THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.NO.956 OF 2010 DATED 02/03/2012ERNAKULAM BENCH IN O.A.NO.956 OF 2010 DATED 02/03/2012
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
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MANJULA CHELLUR,C.J.
&
K.VINOD CHANDRAN, J.
= = = = = = = = = = = = = = = =
O.P(CAT) No.4515 of 2012
= = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of December, 2012
Manjula Chellur,CJ
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JUDGMENT
This Original Petition is filed aggrieved by the direction ofthe Central Administrative Tribunal in Ext.P5 to pay interest atthe rate of 10% from 11.08.2010 till the date of final settlementof the DCRG amount.
2. As a matter of fact, the petitioners herein thoughcontested the applications before the CAT, ultimately during thependency of the application, it was brought to the notice of theCAT that all retirement benefits were settled except issuerelating to the payment of interest on the retirement benefits.After referring to O.A No.958/2010 and also Rule 68 of CCSPension Rules, CAT observed that from the date of conclusion ofthe disciplinary proceedings alone, the party would be entitledfor interest on DCRG amount only. Apparently, disciplinaryproceedings ended with an order of censure and in the absence of any positive order which has legal sanctity to withhold thepayment of DCRG or in the absence of an undertaking by theemployee who is entitled to receive DCRG to withhold suchamounts towards the loan, there was no justification on the partof the department to withhold the payment of DCRG.
3. As a matter of fact, even all retirement benefits including DCRG amount came to be paid, except the interest amount,when the matter came up for hearing before the CAT. In thelight of Rule 68 of CCS Pension Rules and for the reasons statedabove, the interest at the rate of 10% is payable on DCRGamount was withheld by the employer without any reason orlegal direction.
In that view of the matter, we find no good ground tointerfere with the order of CAT. Accordingly, this petition isdismissed.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE