Rekha Goel vs Municipal Corporation Of Delhi

Headnote AI-drafted · Editorially reviewed

The applicant, a retired Principal from an MCD School under Keshav Puram Zone, filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal, Principal Bench, New Delhi, seeking directions to the respondent Municipal Corporation of Delhi to release unpaid retirement dues including DCRG, commuted value of pension, arrears of ad hoc bonus, arrears of MACPs, arrears of 7th CPC, Dearness Allowance, interest on GPF, and delayed earned leave encashment, along with interest at 12% per annum from the date of entitlement till actual payment.

The applicant retired on 01.04.2022 after more than 33 years of qualifying service. The respondents belatedly paid earned leave encashment, GPF, GIS dues, and pension arrears without any interest, and failed to pay DCRG, commutation of pension, ad hoc bonus for multiple years, 3rd MACP arrears, re-fixation of pay arrears, 7th CPC arrears, and certain DA instalments despite representations made to the Commissioner, MCD. The respondents contended that certain dues had been processed and would be paid on priority as and when funds became available.

The Tribunal considered the submissions of both parties and the settled legal position that pension, gratuity, and other retiral benefits are vested legal rights which must be paid on the date of retirement, and that unjustified delay in payment entitles a retiree to compensation by way of interest. The matter was adjudicated with directions issued accordingly.

Catchwords: retiral benefits delayed payment DCRG commuted value of pension earned leave encashment GPF GIS MACP arrears 7th CPC arrears ad hoc bonus dearness allowance interest on delayed payment MCD employee Principal voluntary retirement service matters Central Administrative Tribunal