ups_01059 — Gratuity payable to the retired public servant cannot be withheld if a case in High Court is pending filed by some one else or some association in which the employee is not a member

Gratuity payable to the retired public servant cannot be withheld if a case in High Court is pending filed by some one else or some association in which the employee is not a member — This chunk is about a labor dispute case (OA No. 12 of 2012) in which an Education Officer named Shri Tapan Chandra Das sought a directive to pay his gratuity amount of 10,00,000 with 12% interest as... — Facts : The Applicant was appointed as Education Officer in the Central Board for Workers (CBW in short) under the Ministry of Labour and Employment on 29-7-1978. He was further promoted to various grades and retired as Regional Director on 31-10-2010. But his gratuity was not released. Hence he filed this OA for a direction to pay the gratuity amount of ₹ 10,00,000 with 12% interest. The pay scale of the Applicant was revised as proposed by Das Gupta Committee on 28-1-1997 in terms of order, dated 17-9-2007 by CAT, Calcutta Bench in O.A. No. 566 of 2007. The pay scale of the Applicant as Additional Director was revised by R-3, the Director. The Respondents have filed a writ petition No. 85 of 2010 before Calcutta High Court challenging the order of CAT. No interim order against the order of Tribunal was given by High Court. But the Respondents withheld the gratuity of the Applicant on the ground of pending case in the High Court. As the upgradation of pay scale involved in O.A. No. 566 of 2007 decided on 27-9-2007 was challenged in High Court in WPCT 85 of 2010 which is still pending, the Respondents submit that gratuity cannot be paid. Learned Counsel for the Respondents relied on Rule 69

(c) of CCS (Pension) Rules, 1972 which states that gratuity cannot be paid until the conclusion of the departmental or the judicial proceedings and issue of final orders thereon. The Applicant in no way is connected to the pending case in High Court. He further stated that he is not a member of any association who have filed a case in the High Court. Hence Rule No. 69

(c) of CCS (Pension) Rules is not applicable to him. After hearing both sides, the Tribunal held: