ups_00747 — The Applicant herein was asked to perform duties as driver of a motor vehicle even though his status was only that of Mazdoor. As he drew his salary till the date of his voluntary retirement in October 2012 as motor driver, the pension of the Applicant shall be calculated on the basis of the last pay drawn as motor driver. The arrears arising of fixation of his pension as motor vehicle driver should be paid within two months of receipt of this order. The deductions for payment of his loans made

The Applicant herein was asked to perform duties as driver of a motor vehicle even though his status was only that of Mazdoor. As he drew his salary till the date of his voluntary retirement in October 2012 as motor driver, the pension of the Applicant shall be calculated on the basis of the last pay drawn as motor driver. The arrears arising of fixation of his pension as motor vehicle driver should be paid within two months of receipt of this order. The deductions for payment of his loans made from his pension entitlements, the Tribunal refused any direction as the Tribunal felt that there was no irregular action on the part of the Respondents based on deductions for which the department is also a party having given consent for getting loan by the Applicant — This chunk pertains to an Original Application (O.A No. 339 of 2013) filed by a retired BSNL employee, who was paid as a motor vehicle driver but pensioned as a regular Mazdoor, seeking payment of hi... — Facts:The Applicant in this OA is a retired employee of BSNL. He retired voluntarily in October, 2012 and he was regularized as regular Mazdoor in April, 1994. However, his pension was fixed in the pay scale of Mazdoor even though he drew salary of motor vehicle driver. After an elapse of several months, PPO (Pension Payment Order) was issued designating him as regular Mazdoor even though he worked as motor vehicle driver which fact was accepted by the Respondents. The final settlement dues such as gratuity were withheld which the Applicant contends as irregular. This OA is filed to pay his pension and pensionary benefits as retirement benefits as a driver of motor vehicle with 12% interest for delayed payment. He questions the leave encashment payment which he prays for payment with 12% interest. The Tribunal heard both sides and observed as below: "Whether the Applicant was promoted as motor car driver is not relevant as he was paid salary of driver which was continued till his retirement. The last pay slip enclosed shows the scale of his pay as ₹ 9,020-17,430 with basic salary of ₹ 16,230 although his designation is shown as regular Mazdoor. Last pay drawn is taken for pension fixation and not the designation. Hence he is entitled for pension on the pay scale of motor driver. The Tribunal is not in a position to come to conclusion that there has been any irregular action on the part of the Respondents in so far as deductions made from his retirement benefits for loan entitlements. An employee when he takes loan from financial institutions and banks, he requests his employer / agency to act as a guarantor and when he leaves the employment, the department has no other alternative to deduct dues from his retirement benefits as otherwise the employer is legally bound to clear those dues. Such deduction will not attract the basis prescribed in the case of Punjab and others v. Rafiq Masih [ SCC (L&S) 2015 Vol. (2) 33 ]. The delay of 8 months in payment of retirement benefits exceeding the normally allowed period of 3 months to prepare pension calculation was due to the Respondents to undertake correspondence with various debtor agencies in connection with his taking loans; hence the Tribunal was not in agreement that any interest is payable for delayed payment of final settlement".