K SURYA KUMARI vs DRDO

OA/642/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
(Circuit Sitting)
OA/020/642/2021

rd
HYDERABAD, this the 23 day of September, 2026

Hon’ble Mr. Manish Garg, Judicial Member
Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member

K. Surya Kumari, W/o. Sri K. V. V. Satyanarayana
Murthy, aged 65 years, Occ: Technical Officer 'B' (Retd)
of NSTL, Gr Visakhapatnam. R/o H. No. 13-21,
L.N.Nagar, Behind-State Bank of India, Sujatha Nagar -
Post, Visakhapatnam-530005.

… Applicants.

(By Advocate: Mrs. A V S Laxmi, Advocate)
Vs.

1. Union of India rep., by its Secretary, Ministry of Defence,
South Block, DHQ-Post, New Delhi - 110011

2. The Director General Research and Development,
Defence Research & Development Organization, DRDO
Bhavan, Ministry of Defence, New Delhi. 110105.

3. The Principal Controller of Defence Accounts (Pensions),
Defence Services-Civil Pension, Draupadhighat, Allahabad -
211014.

4. The Director, Naval Science & Technological. Laboratory
Vigyan Nagar, Gopalapatnam-Post, Visakhapatnam-530027.

5. The Manager, State Bank of India, NSTL Visakhapatnam
Visakhapatnam - 530027.

... Respondents.
(By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)
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PRACHI
BHASKAR

OA/642/2021

ORAL ORDER
(As per Hon’ble Mr. Manish Garg, Judicial Member)

By this Original Application, the applicant is seeking the following relief:
“… to declare the delay on the part of the

respondents in making payment of pension and pensionary
benefits with substantial delay as arbitrary, illegal, and violate
of Article 14 and 21 of Constitution of India and consequently
direct the respondents to pay interest at 18% p.a. on all
terminal benefits from the date they were due till the payment
with all consequential and attendant benefits and pass such
other order or orders as it may deem fit and proper in the
circumstances of the case.”

2. It is the case of the applicant that there was a delay of about 33 months from
the date of her superannuation in the payment of pension and other terminal benefits,
which were credited to her only after a considerable delay.

Pension on 20-10-2018.
Retirement Gratuity on 11-12-2018
Capitalised value of Pension 11-12-2018.
Leave Encashment on 03-08-2018.

3. It is also been highlighted by the counsel for the applicant that as under:
“The applicant submits that then after, the revised PPO on 7th CPC was
issued vide the Revised PPO under 7th CPC No. 409201600068 Dated 23-7-2018
by enhancing the terminal amounts of Pension, Gratuity and Capitalised value of
Commuted Pension, after a period of Two & Half (2 1/2) years of implementation
of CPC. But the Pension Disbursing Authority, i.e. the State Bank of India, has
credited the following amounts on the revised PPO only dated 23-7-2018 after a
further lapse of FIVE (05) months period by stating that the PPO was irregular:
Difference of Retirement Gratuity on 28-01-2019.
Difference of Capitalised value of -
Commuted Pension on 28-01-2019”

4. The applicant made two representations dated 20.01.2020 and 27.03.2021 to
the 3rd Respondent. No plausible explanation has been given for the delay.

5. The respondents, in the reply statement, have contended for the first time that,
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PRACHI
BHASKAR

OA/642/2021

due to various court cases relating to transfer and suspension, as well as several
departmental proceedings initiated against the applicant, there was a delay in granting
the pensionary benefits within the stipulated period. It is noticed that, in the reply
statement, it has been stated as under:

“the aforesaid disciplinary proceedings were completed and a minor penalty
of reduction of increment for a period of 1 month and 15 days without
affecting the terminal benefits was imposed on her by the Disciplinary
Authority vide order dt.10-02-2016 (Annexure R-8).Thereafter, the vigilance
clearance was provided vide DRDO Hqr letter dt.12.02.2016.”

6. Admittedly, vigilance clearance was provided vide DRDO Headquarters letter
dated 12.02.2016, much prior to the date of retirement. It has been contended that
pensionary benefits were granted by the 3rd Respondent vide Pension Payment Order
No. C/MISC/12677/2016 dated 19.09.2018. It is further contended that the delay in
issuing the PPO occurred as the applicant did not fill in and submit the pension
papers and also on account of the pending disciplinary proceedings against her, which
had led to denial of vigilance clearance by DRDO Headquarters vide letter dated
14.08.2015. Further, DRDO Headquarters, vide letter dated 24.09.2015, issued orders
to initiate provisional pension until the outcome of the disciplinary proceedings, but
the same was not accepted by the applicant.

7. It has been vehemently contended on behalf of the respondents that the Bank
copy was forwarded to the Pension Disbursing Authority, i.e. SBI, CPPC, Hyderabad,
on 14.09.2018. The revised PPO was received by the applicant, who came to the
office on 19.09.2018.

8. Having heard the counsel for the parties and perused the material placed on
record.
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PRACHI
BHASKAR

OA/642/2021

9. In the above factual matrix of the case, it is evident that all the proceedings
referred to by the respondents had concluded prior to the date of superannuation of
the applicant, i.e. 29.02.2016.

10. It is also contended by the respondents that the original PPO was sent to the
applicant by post and was delivered. The said contention, however, cannot be
appreciated in the factual matrix of the case, inasmuch as the respondents had
initially issued only a provisional pension and not the final pensionary benefits. It is
also not in dispute that the pensionary benefits were ultimately released only after
considerable delay.

11. Even assuming that the contention of the respondents that the applicant did not
come forward to receive the PPO is accepted, the issue of receipt of the PPO by the
applicant cannot, by itself, constitute an impediment to the release of pensionary
benefits. The payment of pensionary benefits does not rest solely upon the receipt of
the PPO by the applicant. In fact, the payment is required to be released by the
Pension Disbursing Authority on the basis of the requisite authorization and
directions issued by the competent authority, and the receipt of the PPO by the
applicant cannot, by itself, be treated as a condition precedent for release of the
pensionary benefits.

12. In S.K. Dua Vs. Union of India , it has been held that the issue with regard to
delay in making payment of pensionary benefits is required to be considered in the
light of the circumstances resulting in such delay. In the present case, admittedly, the
payments were made beyond the period of about 33 months.
13. Based on the aforementioned considerations, the OA is granted, directing the
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Phone= f233c0f0b70fcd586e127f3
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PRACHI
BHASKAR

OA/642/2021

respondents to provide interest on the specified overdue payments. The interest shall
be calculated at the prevailing GPF rates from the date the amounts became due until
the actual payment is made. This disbursement must be completed within two months
of receiving a certified copy of this order. Should any additional delay occur beyond

this period, the applicant will be eligible for a higher interest rate of 9 per cent.
14. Accordingly, the O.A. is allowed. All pending miscellaneous applications, if
any, are also disposed of. No order as to costs.

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/pb/

O.A. is disposed of on : 23.09.2026
Order dictated on : 23.09.2026

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4694f5762775bdf803cd7b abc6a0a08ad51b915c39
PRACHI
BHASKAR