01Facts
The applicant’s counsel acknowledged at the hearing that the respondents had paid the pension arrears, albeit belatedly.
p. 2 · ¶ 1The applicant sought interest on the delayed payment, contending that the delay was not attributable to her. The respondents attributed the delay to administrative reasons concerning the grant of benefits under the next Pay Commission.
p. 2 · ¶ 102Issues
i.Whether the applicant was entitled to interest on pension arrears paid belatedly.
p. 2 · ¶ 1ii.Whether interest was also payable on any differential amount for periods when less pension than due had been paid, and at what rate.
p. 2 · ¶ 203Law Applied
The order cited no statute, regulation, or precedent.
p. 2 · ¶ 1–2The Tribunal applied the principle that interest may be directed on delayed pension arrears, and on any differential pension paid late, where doing so is considered necessary in the interests of justice. It fixed the applicable rate at the General Provident Fund (GPF) rate.
p. 2 · ¶ 1–204Reasoning
The Tribunal noted that the arrears had been paid but accepted that payment was delayed. Although the respondents relied on administrative reasons for the delay, the Tribunal considered it just to compensate the applicant through interest.
p. 2 · ¶ 1It extended that direction both to arrears for periods when pension was unpaid and to any differential amount for periods when a lower pension had been paid.
p. 2 · ¶ 205Holding
The Tribunal disposed of the O.A. with a direction to the respondents to pay interest at the GPF rate on the relevant arrears and differential pension amounts within two months of receiving a copy of the order.
pp. 2–3 · ¶ 2–3The applicant’s right to seek implementation of the order if payment was not made within that period was reserved. No costs were awarded.
pp. 2–3 · ¶ 2–3Original Court PDF
BINDU AJITHvsRAIL BHAWAN
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