it2025_00394 — Pending finalization of the case O.S. No. 7015/2010 in City Civil Court, Chennai even though restraining the Union of India represented by Registrar, Central Administrative Tribunal, Ahmedabad Bench, R-1 herein, in the capacity of Garnishee from releasing the attachable portion of retirement benefits payable to the Applicant is vacated, the Applicant should be content with the grant of provisional pension plus dearness relief on provisional pension. But his gratuity, leave encashment and other r

IT Rules

Pending finalization of the case O.S. No. 7015/2010 in City Civil Court, Chennai even though restraining the Union of India represented by Registrar, Central Administrative Tribunal, Ahmedabad Bench, R-1 herein, in the capacity of Garnishee from releasing the attachable portion of retirement benefits payable to the Applicant is vacated, the Applicant should be content with the grant of provisional pension plus dearness relief on provisional pension. But his gratuity, leave encashment and other retirement benefits can be settled only after the case O.S. No. 7015 is finally disposed of depending on the result of the said O.S. — This chunk is a section from a legal judgment in a case involving an employee named G. Karthikeyan, who worked at the Central Administrative Tribunal (CAT) in Ahmedabad Bench and subsequently took vo... — Facts : The Applicant, working as Private Secretary, CAT, Ahmedabad Bench, took voluntary retirement on 5-8-2010. A case bearing O.S. No. 7015 of 2010 is pending before the 5th Assistant Judge, City Civil Court, Chennai filed by M/s. Silver Touch Finance and Investments Chennai, against the Applicant for recovery of ₹ 5,80,000 with interest and the Registrar, CAT Ahmedabad Bench was restrained from releasing the attachable portion of retirement benefits payable to the Applicant. That order was vacated on 18-10-2010 and the final outcome of the O.S. is yet to be delivered. Loans taken by the Applicant from Indian Overseas Bank, Chennai and PNB as overdraft is still to be paid back. The Applicant was granted a provisional pension of ₹ 10,650 plus dearness relief thereon. The Applicant, on 3-8-2010 gave the details of dues and gave an undertaking to be recovered from final GPF dues. Four loans pending to be paid by him, is given in the Judgment. In another undertaking, dated 24-5-2011, the Applicant had stated that the loan amount to Government Staff Cooperative Thrift & Credit Society, Chennai had been adjusted and only an amount of ₹ 19,849 to be paid to PNB is outstanding. The Applicant states that he is entitled for the retiral benefit of ₹ twelve lakhs and such amount not paid to him is violative of Article 21 of the Constitution of India. Vacation of interim order by the City Civil Court is not challenged by the CAT. Hence there is no reason for withholding gratuity and retiral benefits. He relied on 4 judgments of Apex Court and three judgments of High Court of Madras to sustain his contention for the release of the above said amount. The Respondents resist the case based on various loans taken by him from bank and M/s. Silver Touch Finance. Even though he had given an undertaking to recover these amounts from his gratuity and other retiral benefits, the Respondents refuse to release the final settlement dues due to cases pending in Civil Courts. The Respondents also stated that the ratio of the judgments quoted by the Applicant has no relevance to the present case. The Applicant had been paid provisional pension of ₹ 10,065 plus dearness relief on provisional pension already. No rejoinder has been filed by the Applicant to the reply. The Tribunal considered the case. No undertaking has been given to the Respondents to recover dues from his retiral benefits. An amount of ₹ 2,38,250 has to be paid to the Central Staff Thrift and Credit Society, Chennai and the pending loans taken by the Applicant from IOB. A sum of ₹ 5,80,000 plus interest has to be paid to M/s. Silver Touch Finance and Investment Company. Pending the result of the case in City Civil Court, provisional pension with dearness relief had been paid and his leave account is being verified. After fixation of his recast pay on 1st ACP, his pension papers had been forwarded to PAO/CAT, New Delhi on 6-5-2011. Entry regarding CGEGIS, 1980 from 1-1-1982 to 31-1-1995 is still wanting in his service book. Further analyzing the quashing of order, dated 6-5-2011, it was stated that till the finalization of O.S. No. 7015 of 2010 filed by M/s. Silver Touch Finance and Investment Company and recovery of outstanding amount of ₹ 1,47,620 due to be paid to the Government, the Applicant has to be content with the payment of provisional pension plus dearness relief. The Court has to safeguard the interest of the Government dues. The Tribunal after going through the case held:

IT Rules

Pending finalization of the case O.S. No. 7015/2010 in City Civil Court, Chennai even though restraining the Union of India represented by Registrar, Central Administrative Tribunal, Ahmedabad Bench, R-1 herein, in the capacity of Garnishee from releasing the attachable portion of retirement benefits payable to the Applicant is vacated, the Applicant should be content with the grant of provisional pension plus dearness relief on provisional pension. But his gratuity, leave encashment and other retirement benefits can be settled only after the case O.S. No. 7015 is finally disposed of depending on the result of the said O.S. — This chunk is a section from a legal judgment in a case involving an employee named G. Karthikeyan, who worked at the Central Administrative Tribunal (CAT) in Ahmedabad Bench and subsequently took vo... — Facts : The Applicant, working as Private Secretary, CAT, Ahmedabad Bench, took voluntary retirement on 5-8-2010. A case bearing O.S. No. 7015 of 2010 is pending before the 5th Assistant Judge, City Civil Court, Chennai filed by M/s. Silver Touch Finance and Investments Chennai, against the Applicant for recovery of ₹ 5,80,000 with interest and the Registrar, CAT Ahmedabad Bench was restrained from releasing the attachable portion of retirement benefits payable to the Applicant. That order was vacated on 18-10-2010 and the final outcome of the O.S. is yet to be delivered. Loans taken by the Applicant from Indian Overseas Bank, Chennai and PNB as overdraft is still to be paid back. The Applicant was granted a provisional pension of ₹ 10,650 plus dearness relief thereon. The Applicant, on 3-8-2010 gave the details of dues and gave an undertaking to be recovered from final GPF dues. Four loans pending to be paid by him, is given in the Judgment. In another undertaking, dated 24-5-2011, the Applicant had stated that the loan amount to Government Staff Cooperative Thrift & Credit Society, Chennai had been adjusted and only an amount of ₹ 19,849 to be paid to PNB is outstanding. The Applicant states that he is entitled for the retiral benefit of ₹ twelve lakhs and such amount not paid to him is violative of Article 21 of the Constitution of India. Vacation of interim order by the City Civil Court is not challenged by the CAT. Hence there is no reason for withholding gratuity and retiral benefits. He relied on 4 judgments of Apex Court and three judgments of High Court of Madras to sustain his contention for the release of the above said amount. The Respondents resist the case based on various loans taken by him from bank and M/s. Silver Touch Finance. Even though he had given an undertaking to recover these amounts from his gratuity and other retiral benefits, the Respondents refuse to release the final settlement dues due to cases pending in Civil Courts. The Respondents also stated that the ratio of the judgments quoted by the Applicant has no relevance to the present case. The Applicant had been paid provisional pension of ₹ 10,065 plus dearness relief on provisional pension already. No rejoinder has been filed by the Applicant to the reply. The Tribunal considered the case. No undertaking has been given to the Respondents to recover dues from his retiral benefits. An amount of ₹ 2,38,250 has to be paid to the Central Staff Thrift and Credit Society, Chennai and the pending loans taken by the Applicant from IOB. A sum of ₹ 5,80,000 plus interest has to be paid to M/s. Silver Touch Finance and Investment Company. Pending the result of the case in City Civil Court, provisional pension with dearness relief had been paid and his leave account is being verified. After fixation of his recast pay on 1st ACP, his pension papers had been forwarded to PAO/CAT, New Delhi on 6-5-2011. Entry regarding CGEGIS, 1980 from 1-1-1982 to 31-1-1995 is still wanting in his service book. Further analyzing the quashing of order, dated 6-5-2011, it was stated that till the finalization of O.S. No. 7015 of 2010 filed by M/s. Silver Touch Finance and Investment Company and recovery of outstanding amount of ₹ 1,47,620 due to be paid to the Government, the Applicant has to be content with the payment of provisional pension plus dearness relief. The Court has to safeguard the interest of the Government dues. The Tribunal after going through the case held:

Original Rule Text

Original Rule Text