Admitted salary and MACP arrears must be paid within eight weeks, with GPF-rate interest for delay.

The three applicants, Safai Karamcharis in the Municipal Corporation of Delhi’s Education Department, sought arrears of pay arising from their regularisation and MACP benefits.

Their regularisation orders took effect from 1 April 2015 for Applicants 1 and 3, and 1 April 2007 for Applicant 2

The respondents’ counter-reply set out pay-fixation and MACP arrears for each applicant, stated that the bills had been passed, and confirmed that payment remained pending

The respondents attributed the non-payment to paucity of funds and undertook to pay when funds became available

The applicants also sought condonation of delay under Section 21 of the Administrative Tribunals Act, 1985.

1. Whether the delay in filing the O.A. should be condoned where the claims concerned recurring non-payment of salary and MACP arrears

2. Whether the applicants were entitled to directions requiring payment of the admitted pay-fixation and MACP arrears, with interest if payment was delayed

Section 21 of the Administrative Tribunals Act, 1985, governs limitation for applications before the Tribunal and permits delay to be condoned.

Relying on M.R. Gupta v. Union of India, 1995 SCC (5) 628, and Union of India v. Tarsem Singh, (2008) 8 SCC 648, the Tribunal treated the claims concerning non-payment of salary and benefits as recurring causes of action, with a fresh cause arising each month

The Tribunal also directed that unpaid arrears would carry interest at the rate applicable to General Provident Fund deposits, from the date of entitlement until payment

The Tribunal considered the applicants’ claims to relate to recurring monthly non-payment of salary and MACP benefits and, applying the principles in M.R. Gupta and Tarsem Singh, condoned the delay in filing the O.A.

On the merits, the respondents’ calculation charts showed that the arrears had been calculated and the bills passed but remained unpaid; the respondents also acknowledged the amounts were due, attributing the delay to lack of funds.

The Tribunal therefore directed payment within a fixed period and provided for interest if that deadline was not met.

It directed the respondents to pay all pay-fixation and MACP arrears due to the applicants within eight weeks of receiving a certified copy of the order.

If payment was not made within that period, the arrears would carry interest at the rate applicable to General Provident Fund deposits, from the date of entitlement until actual payment.

No order as to costs was made