9911796707
|
Home
Issues:
Delayed payment of pensionary benefits and gratuity, claim for interest on delayed payments, disciplinary proceedings against the petitioner, deduction from Death-cum-Retirement Gratuity, legality of disciplinary action, entitlement to interest on deducted amount, directive for payment of interest and costs, government's arbitrary actions. Analysis: The petitioner, a retired Member of a Tribunal, faced delayed payment of pensionary benefits and gratuity. The petitioner claimed interest on various amounts due to delayed payments. The Government contended that 2/3rds of pension was sanctioned provisionally due to pending disciplinary proceedings. However, the Court found that the disciplinary action against the petitioner was ill-conceived and condemned the Government's actions. The Court emphasized that officers with quasi-judicial powers should be free from the threat of disciplinary action for their decisions. The Court directed the Government to pay penal interest on the amounts due to the petitioner from the date of retirement. It was noted that the deduction from the Death-cum-Retirement Gratuity was unauthorized, and the petitioner was entitled to interest on the deducted amount. The Court ordered the Government to pay the petitioner interest on the deducted amount and the deducted sum itself with interest within a specified time frame, failing which future interest at a higher rate would apply. In conclusion, the Court highlighted the importance of allowing officers to exercise their judicial discretion without fear of reprisal. It suggested the Government consider recovering the amounts to be paid to the petitioner from those responsible for the unwarranted disciplinary action. The judgment directed the payment of interest, costs, and emphasized the need to prevent similar incidents in the future through appropriate actions by the Government.
|
