Disposed

Prem Kumar Rai v. Gnctd

CAT15 Sept 2026O.A./3504/2026

Case brief

AI extract

What is this about?

This oral order from the Central Administrative Tribunal disposed of an application seeking relief against the withholding of regular pension and gratuity. The court directed respondents to consider a specific representation within six weeks without deciding the merits of the case.

What did the court decide?

Direction to respondents to consider the applicant's representation dated 15.06.2026 and pass a reasoned and speaking order within six weeks.

Prem Kumar Rai vs Gnctd — Pension and Retirement Benefits | CAT (2026)

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Item No.06 (Court-5)

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O.A. No.3504/2026

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Central Administrative Tribunal Principal Bench, New Delhi

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O.A. No.3504/2026

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This the 15^th d a y of September, 2026

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Hon’ble Dr. Anand S Khati, Member (A)

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PREM KUMAR RAI, AGED 7 6 YEARS S/o LATE RAJ RU P RAI R/o A-138, RAI BHAW A N, YOJANA VIHAR DELHI110092 RETIRED AS LECT U RER (ENGLISH), EMP. ID: 19790556 FROM: RSBV, KA I LASH NAGAR, DELHI-1100 3 1

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...Applicant

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(By Advocate: In person)

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Versus

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GOVT. OF NCT of DELH I THROUGH CHIEF SECRET A RY, DELHI SECRETARIAT, I.P. E STATE, DELHI-110002...

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DIRECTOR OF ED U CATION DIRECTORATE OF EDUCATION, GOVT. O F NCT OF DELHI, OLD SECRETARIAT, DELHI-110 0 54

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DEPUTY DIRECTOR OF EDUCATION, (DISTRICT E A ST), GOVT. OF NCT OF DEL H I, 'D' BLOCK, ANAND VI H AR, DELHI-110092

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DEPUTY DIRECTOR O F EDUCATION, ZONE- III, R ANI GARDEN, DELHI-110031

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THE PAY & ACCOU N TS OFFICER, PAO IX, OLD SECRETARIAT, DELHI-110 0 54

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HEAD OF SCHOOL/VI C E-PRINCIPAL RSBV, KAI L ASH NAGAR DELHI-110031.

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...Respond e nts

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(By Advocate: Mr. H A Khan)

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---

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SU SU RAJ RAJ BIS BIS

Item No.06 (Court-5)

O.A. No.3504/2026

ORDER (ORAL)

Hon’ble Dr. Anand S Khati, Member (A):-

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In the present Original Application, filed under S e ction 19 of the Administrative Tribu n als Act, 1985, the appli c ant has pr a yed for the following relie f s:

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“(i). Allow the application.

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(ii). Command /direct the Respondents to issue order t o convert applicant's provisional p e nsion into regular/final pen s ion with immediate effect and pay consequential benefits and is s uance of final pension payment order (PPO).”

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The applicant, who a p pears in person submits that he was ap p ointed as Lecturer (English) in the Directorate o f Education, Government of NCT of Del h i, and superannuated fro m service on 31.12.2010. During his service, a criminal case was regi s tered by the C B I in 2006 in connection w ith the affairs of a Coope r ative Group Housing Society, in which th e applicant was functioning as Honorary Se c retary. Owing to the pen d ency of the criminal pro c eedings, the res p ondents sanctioned only provisional pension to t h e applicant fro m 01.01.2011 and withh e ld his regular pension, g ratuity and set t lement of the suspensi o n period. The criminal proceedings co n tinued for about 19 years. Subsequently, the learned Trial Court, vi d e order dated 28.08.202 5 , discharged the applica n t from the cri m inal case. Although the C BI preferred a revision pe t ition against the said order in the higher c ourts, no stay of the ope r ation of the

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SU SU RAJ RAJ BIS BIS

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Item No.06 (Court-5)

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O.A. No.3504/2026

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dis c harge order has been gra n ted, and the discharge or d er continues to operate. It is also stated that no departmental or disciplinary pr o ceedings are pending agai n st the applicant. Despite t h e discharge an d the absence of any dep a rtmental proceedings, the respondents ha v e not regularized the app l icant’s provisional pensio n or released his gratuity and other retiral d ues, including the dues r e lating to the su s pension period. Aggrieve d by the continued withh o lding of his ret i ral benefits, the applicant has approached this Trib u nal seeking rel e ase of his regular p e nsion, gratuity, arrears and other co n sequential benefits, along w ith interest.

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It is further submitte d that the applicant subm i tted various re p resentations and a latest r e presentation dated 15.06.2026 (Annex. A1) seeking release of DCR G and grant of final pensio n ary benefits an d order for regular/final pe n sion. However, the same h as not been co n sidered till date. He su b mitted that the applica n t would be sat i sfied if a direction is iss u ed to the respondents to c onsider and dis p ose of the said representa t ion by passing a reasoned a nd speaking or d er within a stipulated time f rame.

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Issue notice. Mr. H A Khan, learned counsel, appears and ac c epts notice on behalf of t h e respondents. He seeks s ome time to ob t ain appropriate instruction s .

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SU SU RAJ RAJ BIS BIS

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Item No.06 (Court-5)

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O.A. No.3504/2026

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In view of the limited p rayer made by learned co u nsel for the ap p licant, and without expre s sing any opinion on the m erits of the ca s e, the present O.A. is d isposed of with a dire c tion to the res p ondents to consider and d e cide the representation of t he applicant da t ed 15.06.2026 (Annexure A 1) by passing a reasoned a nd speaking or d er, strictly in accordance w ith law, within a period o f six weeks’ fro m the date of receipt of a c e rtified copy of this order.

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The O.A. stands dispo s ed of in the aforesaid te r ms, without en t ering into the merits of t h e case, at the admission stage itself. Pe n ding M.A(s), if any, sha l l also stand disposed of accordingly. Th e re shall be no order as to costs.

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(Dr. Anand S Khati) Member (A)

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/sb/

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SU SU RAJ RAJ BIS BIS

Prem Kumar Rai v. Gnctd

Case brief

What is this about?

What did the court decide?

Prem Kumar Rai v. Gnctd

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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