Facts
The applicant, a retired Director (VS) of the Municipal Corporation of Delhi (MCD), retired at age 64
Source reference: p.1He filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking interest at 12% per annum on delayed retirement benefits (including gratuity, GPF, pension commutation, and arrears) and the release of pay differences arising from financial upgradations under the MACP and DACP schemes as per an order dated December 30, 2022
Source reference: p.2During proceedings, the applicant’s counsel acknowledged that while the principal retiral dues had been received, the interest for the delay and the MACP/DACP arrears remained unpaid
Source reference: p.2-3Issues
1. Whether the applicant is entitled to interest on the delayed payment of retiral dues and financial upgradation arrears
Source reference: p.32. Whether such interest should be granted during the pendency of related litigation before the Hon’ble High Court of Delhi
Source reference: p.3-4Law Applied
The Tribunal primarily relied upon the Full Bench decision of the Central Administrative Tribunal dated October 30, 2025, in Rajbir Singh v. MCD & Anr. (OA No. 2821/2023), which established the entitlement to interest on delayed terminal benefits
Source reference: p.3, 4This application is subject to the principles governing judicial discipline regarding matters sub judice before the Delhi High Court in W.P.(C) 401/2025 & CM APPL. 2064/2025
Source reference: p.3, 4Reasoning
The court noted that the principal retiral dues had already been disbursed, narrowing the controversy to the payment of interest for the period of delay and the specific arrears related to MACP/DACP schemes
Source reference: p.3The Respondents expressed no objection to paying interest in accordance with the precedent set by the Full Bench in Rajbir Singh v. MCD & Anr.
Source reference: p.3To balance the applicant's right to timely payment with the legal uncertainty of the pending Writ Petition in the Delhi High Court, the Tribunal determined that the Respondents should proceed with the payment of interest upon the applicant furnishing an indemnity bond
Source reference: p.4This ensures the applicant is compensated for the delay while protecting the Respondents' interests should the High Court eventually rule otherwise
Source reference: p.4Holding
The Tribunal disposed of the OA by directing the Respondents to pay interest on the delayed retiral dues and MACP/DACP arrears from the date they became due until the date of actual payment
This payment is strictly subject to the final outcome of W.P.(C) 401/2025 pending before the Hon’ble Delhi High Court and requires the applicant to submit an indemnity bond
Source reference: p.4The Respondents were ordered to complete this exercise within eight weeks of receiving a certified copy of the order
Source reference: p.4No costs were awarded
Source reference: p.4Original Court PDF
Dr Prahlad KumarvsMUNICIPAL CORPORATION OF DELHI
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