ups_01163 — The incompetence of Respondents of BSNL in the delayed payment of gratuity and leave encashment resulted in payment of interest on those two items

The incompetence of Respondents of BSNL in the delayed payment of gratuity and leave encashment resulted in payment of interest on those two items — This chunk discusses the non-compliance of rules related to pension preparation and provision, specifically Rule 59 and Rule 64 of CCS (Pension) Rules, in the case of a Government servant's retiremen... — Facts : Applicant working s Sub-Divisional Officers in the Office of General Manager, BSNL Latur Telecom, District Latur retired on superannuation with effect from 31-8-2015. As per Rules 58 and 59 of CCS (Pension) Rules, 1972, the pension papers were required to be prepared two years before the date of retirement which was not done and also there was no query about service or pay fixation of the Applicant. As per Rule 65 of CCS (Pension) Rules, the pension and gratuity was to be authorized one month in advance of the date of retirement of the Government servant but the letter of authorization of pension and gratuity was issued by Respondents in the month of March, 2016, i.e. after 6 months of retirement of the Applicant. The Applicant placed the record copy of Rules 58, 59, 64 and 65 of CCS (Pension) Rules, 1972 but it was not followed. Mainly this OA is filed in regard to delayed payment of gratuity, pension as well as leave encashment. Respondents denied delay in the payment of pension, gratuity and leave encashment and said that delay is due to receipt of service book from Osmanabad SSA on 20-1-2015. Hence there was delay in payment of increment with effect from 1-10-2014 and delay in payment of gratuity, leave encashment, etc. Provisional pension also was granted in the meantime is not appreciated as it is against natural justice and violative of Rules 59 and 64 of the CCS (Pension) Rules. There are three stages relating to the completion of pension papers. But that rule is not followed. Correctness of emoluments drawn or to be drawn during the last 10 months of service is to be calculated of average emoluments drawn and to be drawn in the last 10 months of service. In any case, 10 months prior to the date of retirement of the Government servant, the Head of Office has to take action as per Rule 59

(c) of CCS (Pension) Rules. Rule (i),

(ii) and

(iii) and action under Clause (a),

(b) and

(c) of sub-rule (1) shall be completed eight months prior to the date of retirement of Government servant. Rule 59, thus stipulates action to be taken prior to the date of retirement of the Government servant. In the present case, the directions contained in the Rules has not been complied with. Provisional pension to be paid to the Applicant was not provided. Rule 64 of CCS (Pension) Rule deals with the provisional pension which is reproduced in the judgment vide Paras. (1), (3) and (4). This rule is not followed in conveying the pension and other emolument to the Applicant. Respondent Counsel argued that the interest can only be paid on the delayed payment of gratuity in terms of Rule 58 and not on the leave encashment amount. In the facts and circumstance of the case, the Tribunal held: