KENDRIYA VIDYALAYA SANGATHAN & ANR. vs SHAILENDRA KUMAR GUPTA

2023-10-12 Information

$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: October 12, 2023
+ W.P.(C) 13478/2023, CM APPL. 53260/2023
KENDRIYA VIDYALAYA SANGATHAN & ANR. ….. Petitioners
Through: Mr. Shubhranshu Padhi and Mr. Ashish Yadav, Advocates.
versus
SHAILENDRA KUMAR GUPTA ….. Respondent
Through: Mrs. Avnish Ahlawat, Standing Counsel with Mrs. Taniya Ahlawat, Mr. Nitesh Kr. Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates.
CORAM:
HON’BLE MR. JUSTICE V. KAMESWAR RAO
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

V. KAMESWAR RAO, J. (ORAL)
CM APPL. 53261/2023
1. Exemption allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(C) 13478/2023, CM APPL. 53260/2023
3. The challenge in the petition is to an order dated October 31, 2022 passed by Central Administrative Tribunal (Tribunal, for short) in O.A. No. 2568/2021, whereby the Tribunal has disposed of the OA by stating in paragraph 7 as under
7. In view of the above, the instant OA is allowed with a direction to the respondents to grant interest to the applicant w.e.f. 27.06.2019 till the date of actual payment, i.e., 30.03.20,20 on the retiral dues at the prevailing GPF rate, within a period of two months from the date of receipt of a certified copy of this order, failing which, the applicant shall be entitled to further interest @ 12% to be paid by the respondent department till the date of actual payment.
There shall be no order as to costs.
4. The only issue which arose before the Tribunal was whether the respondent is entitled to interest on delayed payment of retiral dues for the period between June 27, 2019 and March 30, 2020.
5. Concedingly, the dues which were due and payable on June 27, 2019, were actually paid on March 30, 2020. If that be so, there was a delay for releasing the retiral dues for which the Tribunal has rightly granted the interest at the GPF rates to be paid within a period of two months.
6. In fact, the Tribunal has also stated that failing the payment of interest within a period of two months shall entail a further interest @ 12% to be paid by the petitioners to the respondent.
7. We do not see any reason to interfere with the impugned order.
8. The writ petition is dismissed. Pending application, if any, also stands dismissed as infructuous.

V. KAMESWAR RAO, J.

MANMEET PRITAM SINGH ARORA, J.
OCTOBER 12, 2023/R

W.P.(C) 13478/20230Page 1 of 2