Facts
The applicant served as a teacher under the respondents from 1983 to 1996, during which she was sent on deputation to the Navodaya Vidyalaya Samiti (NVS) from 1991 to 1994.
Source reference: para. 1She was absorbed into NVS on April 1, 1994, and retired from service in June 2016.
Source reference: para. 1The applicant filed the present Original Application (OA) seeking the release of her pension and other retiral dues along with interest, alleging administrative lapses by the respondents.
Source reference: para. 1, 6While the respondents eventually paid certain amounts toward pro-rata pension, leave encashment, and DCRG (Death-cum-Retirement Gratuity), they failed to file a "due and drawn statement" as previously directed by the Tribunal.
Source reference: para. 2-4The respondents cited financial stringency as the reason for the delay in paying interest.
Source reference: para. 5Issues
1. Whether the applicant is entitled to interest on the delayed payment of retiral benefits and the applicable rate for such interest.
Source reference: para. 6, 82. Whether the financial stringency of the Municipal Corporation of Delhi (MCD) serves as a valid justification for the delay in releasing retiral dues.
Source reference: para. 5, 8Law Applied
The Tribunal primarily applied the principles established by its Full Bench in Rajbir Singh v. Commissioner, MCD (decided on 30.10.2025), which held that interest on delayed payments of GPF, pension, gratuity, and other retiral dues is payable at the prevailing GPF rate for the relevant years, provided the delay is not attributable to the employee.
Source reference: para. 6, 8The Tribunal also acknowledged the pendency of a challenge to this rule in the Delhi High Court in Municipal Corporation of Delhi v. Rajbir Singh, W.P.(C) No. 19558/2025.
Source reference: para. 7, 9Reasoning
The Tribunal found that the delay in releasing the applicant's retiral benefits was not attributable to her but occurred due to administrative lapses on the part of the respondents.
Source reference: para. 6In applying the Rajbir Singh precedent, the Tribunal determined that the legal entitlement to interest on delayed terminal benefits is settled law within the jurisdiction of the Tribunal.
Source reference: para. 8Regarding the respondents' plea of financial stringency, the Tribunal implicitly rejected this as a defense against the statutory or quasi-statutory obligation to pay interest on delayed dues.
Source reference: para. 5, 9However, noting that the governing precedent is currently under challenge before the Hon’ble High Court of Delhi, the Tribunal reasoned that any relief granted must be provisional and subject to the outcome of that writ petition.
Source reference: para. 9Holding
The Tribunal disposed of the OA with a direction to the respondents to calculate and release all pending retiral dues, if any, along with interest at the applicable GPF rate for the relevant years from the date the amounts became due until the actual date of payment.
This exercise must be completed within eight weeks of receipt of the order.
Source reference: para. 9Additionally, the respondents were directed to furnish a "due and drawn statement" to the applicant.
Source reference: para. 9The holding specifies that the release of these dues and interest remains subject to the final outcome of Municipal Corporation of Delhi v. Rajbir Singh, W.P.(C) No. 19558/2025.
Source reference: para. 9No costs were awarded.
Source reference: para. 10Original Court PDF
Sushma GrovervsNorth Delhi Municipal Corporation
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