RAMVIR SINGH RANA vs DEFENCE on 28 October 2026

1. Secretary, Ministry ofDefence, South Block, New Delhi - 110001

2. The Chief ofArmy Staff, Indian Army, South Block, New Delhi

- 110001

3. The Engineer-in-Chief, Engineer-in-Chiefs Branch, Kashmir House, Rajaji Marg, New Delhi - 110011

4. The Director General (Pers) / EIB(P&A), Military Engineer Services, Engineer-in-Chiefs Branch, Kashmir House, Rajaji Marg, New Delhi – 110011

5. The Director, Central Record Offices (Officers), Tigris Road, Delhi Cantt. - 110010 C/o 56 APO PIN 900106 ... Respondents (By Advocate: Mr. SN Verma and Ms. Rinky)

DEEKSHA DHINGRA

O R D E R (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

1. In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs: “(i) to quash and set aside the impugned order No. CRO/RSR/02/GPIII dated 22.05.2024 (Annexure A- I) and direct the respondent to release the retirement benefits viz. pension, gratuity (DCRG), commutation, leave encashment etc. to the applicant wef 01.07.2021 to till date with interest @ 12% p.a.

(ii) to declare the impugned action of the respondents of not releasing the retirement benefits VIZ. pension, gratuity (DCRG), commutation, leave encashment etc. to the applicant wef 01.07.2021 to till date as illegal, arbitrary and unjustified.

(iii) To direct the respondents to pay interest @ 12% on the delayed payment of retirement benefits VIZ. pension, gratuity, leave encashment, commutation etc. wef 01.07.2021 to till date.

(iv) To allow the OA with cost.

(v) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper· in the existing facts and circumstances ofthe case. ”

2. Learned counsel for the applicant submits that during the pendency of the O.A. the respondents have issued the PPO which has been annexed with the rejoinder. He submits that the applicant retired on 30.06.2021, hence, there is a

DEEKSHA DHINGRA

substantial delay in the release of pensionary benefits. He prays for grant of interest on the delayed payment of the retiral dues.

3. Learned counsel for the respondents while relying upon the counter reply submits that there has been no intentional delay on the part of respondents in releasing pensionary benefits of the applicant. He submits that the applicant had submitted his relevant papers for processing of his retirement benefits in time, however same couldn’t be processed because of non availability of service book of the applicant, which was burnt in a fire accident and due to which pension/gratuity of the applicant couldn’t be finalized. However, the respondents had to recast the service book of the applicant and based on the same retirement benefits were finalized/released. He further clarified that though the applicant hadn’t been getting pension from his instant service(civil), however he continues to get pension for his military service rendered by him prior to joining respondents.

4. I have heard the learned counsels for the parties and have also gone through the pleadings on record.

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5. It is seen that the service record of the applicant were re-cast as the same were destroyed. It is also seen that the respondents are the custodian of the service records of the applicant.

6. The issue is no longer res-integra and has been decided in detail by the Hon’ble Supreme Court in S.K. Dua vs. State of Haryana & Anr. 2008 AIR SCW 689.

7. In view of the above, the O.A. is disposed of with a direction to the respondents to grant interest on the delayed payment of all the pensionary benefits of the applicant from the date it became due till the date it is actually paid at the rate applicable on GPF deposits within a period of two months from the date of receipt of a certified copy of this order. It is made clear that in case of default of payment within the stipulated time, the rate of interest applicable on the delayed payments shall be increased to 9% PA and the relief shall be confined to the prayer made in para 8.

8. The O.A. stands disposed of in the aforesaid terms. There shall be no order as to costs. (Manish Garg) Member (J)

/dd /

DEEKSHA DHINGRA