SATYANANDA NAYAK vs SURVEY OF INDIA

Court
Central Administrative Tribunal

1 O.A.No. 260/00476 of 2025

CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK

O.A.No. 260/00476 of 2025

Reserved on 19.08.2026 Pronounced on 31.08.2026

CORAM:
THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Satyananda Nayak, aged about 71 years, S/o
Late Basudev Nayak, Draftsman Div-1 (Retd)
DP & GIS Wing, OGDC, Survey of India, Survey
Bhawan, Bhubaneshwar – 13, at present
At/PO-Sikrita via Nuagaon, Dist- Nayagah,
PIN-752083 .
……Applicant
VERSUS

1. Union of India represented through the
Surveyor General of India, Hathibarkala
Estate, Dehra Dun-248001, Uttarakhand.
2. Additional Surveyor General, Eastern Zone,
Kolkata- 700016.
3. Senior Accounts Officer, Regional Pay &
Accounts Office, 15, Wood Street, Kolkata -
700016.
4. The Director, O & C GD, Survey of India, 2nd
Floor, Survey Bhawan, Bhubaneswar-751013.
5. The Pay & Account Officer, Central Pension
Accounting Office, Min. of Finance, Govt. of
India, Trikoot II Complex, Bhikaji Cama Place
R.K. Puram, New Delhi- 110066 .
……Respondents

For the applicant : Mr. P.K.Nayak, Counsel

For the respondents : Mr. B.R.Mohapatra, Counsel
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2 O.A.No. 260/00476 of 2025

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):
The applicant has filed a memo on 12.08.2026 stating
therein that meanwhile he has received the revised Pension
Arrears and Fixed Medical Allowance and, therefore, he confines
his grievance relating to payment of interest from 01.02.2025 till
the same was actually paid.
2. Respondents filed the counter contesting the case of the
applicant.
3. Heard. Perused the records.
4. According to the Ld. Counsel for the applicant, since the
delay in revision and payment of pension/arrear pension and
Fixed Medical Allowance was not attributable to the applicant,
the applicant is entitled to interest w.e.f. 01.02.2025 till the
actual payment was made as per the law. On the other hand, Ld.
Counsel for the respondents opposed the said contention by
stating that since the delay was not intentional or deliberate and
payments have already been released, the applicant is not
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3 O.A.No. 260/00476 of 2025

entitled to the interest as claimed by him and this OA may be
disposed of as infructuous.
5. Fact remains that the applicant retired on superannuation
on 31.08.2014. Departmental proceedings was initiated against
him before his retirement, which was challenged by him and
quashed by this Bench vide order dated order dated 17.01.2023
in OA No. 282/2012. The said order of this Bench attained its
finality being not altered by any higher forum or by this Bench in
review. It is significant to note that the Govt. of India at various
times issued various instructions commanding the authorities
for timely payment of the pension and pensionary dues to a
retired employee. In the Pension Rules, payment of interest to
the retired employee, wherever delay is occasioned and
attributable to the department, is provided. Law on the delayed
payment of pension is also well settled through various judicial
pronouncements of the Hon’ble Apex Court as also by Hon’ble
High Courts and various Bench of this Tribunal (Ref- State of
Kerala & Ors. Vs M. Padmanabhan Nair , 1985 SCR (2) 476, R.
Kapur Vs. Director of Inspection (Painting and Publication)
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4 O.A.No. 260/00476 of 2025

Income Tax and Anothe r, (1994) 6 SCC 589, Vijay L. Mehrotra
Vs State of U.P. , AIR 2000 SC 3513, and Gangahanume Gowda
Vs. Karnataka Agro Industries Corporation Ltd ., (2003) 3 SCC
40] . In the instant case, we find that the departmental
proceedings was quashed by this Bench vide order dated
17.01.2023, which order was set at rest being unaltered by any
higher forum. Therefore, the respondents would have taken
action in great caution and care and in a promptitude manner to
nd
grant the applicant his entitlements such as 2 MAPC/revised
pension etc. But, the respondents in their counter did not explain
as to why such huge delay was occasioned nor it is the case of the
respondents that the delay was attributable to the applicant. In
the circumstances, we have no option but to hold that in absence
of detailed explanation in the counter as to why the delay was
occasioned and at what level, the applicant is entitled to 8%
interest w.e.f. 01.02.2025 [as prayed for by the applicant] till the
date the arrears was credited to his pension account.
6. We have also come across the specific instruction received
by the DoP&T in which it has been reiterated that the authorities
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5 O.A.No. 260/00476 of 2025

concerned not only to take action for timely release of retirement
dues in a promptitude manner but also to fix the responsibility
on the officer(s)/official(s) at whose instance such delay, if any,
occasioned. Keeping in mind the totality of the matter, the
respondents are hereby directed to pay the applicant interest on
the arrears of pension @ 8% w.e.f. 01.02.2025 till the amount
was credited to his pension account within a period of 60 days
from the date of receipt of a copy of this order with liberty to fix
responsibility as would be deemed fit and proper on the
officer(s)/official(s) on whose instance such delay was
occasioned thereby bearing the interest amount from the
exchequer.
7. In the result, this OA is allowed to the extent stated above.
Pending MA, if any, stands disposed of. Costs made easy.

(Pramod Kumar Das) (Sudhi Ranjan Mishra)
Member (Admn.) Member (Judl.)




RK/PS



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