Writ petition against a CAT order granting interest only on unpaid retiral benefits after delayed payment by MCD. The High Court held retiral benefits are a vested right, not a bounty, and modified the Tribunal's direction to extend interest to the entire period of delay.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.12.2025
Through: In Person.
versus
THE COMMISSIONER & ORS. .....Respondents Through: None.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
NAVIN CHAWLA, J. (ORAL)
Signature Not Verified
Digitally Signed W.P.(C) 16179/2024 By:REYMON VASHIST Signing Da te:2 2.12.2025 18:03:44
Page 1 of 4
by the respondents and not for the entire period of delay and for the amount that had been paid in tranches.
“a) To direct the respondents to release amount of retirement benefits etc. as per details furnished in ANNEXURE -A-1 and monthly pension.
b) To direct the respondents to grant interest @ 12% or as deemed fit in respect of all delayed payments of retirement benefits including pension as per details furnished in ANNEXUREA-1.
c) Any other relief or direction which this Hon'ble Tribunal deems fit and proper in view of the facts and circumstances of the case may· be granted/passed in favor of the applicant and against the respondents.”
“ ANNEXURE –A-1
| Description of retirement benefits |
Amount/date due (in Rs) |
Amount/Date received (in Rs.) |
Period of delay |
Remarks. |
|---|---|---|---|---|
| Retirement Gratuity |
Rs.7,58,599/- | Received Nil | 17 months Delay sofar |
|
| _CVP _ | _RS. 7,84,658/- _ | Received Nil | _-do- _ | |
| Leave Encashment |
Rs. 4,66,830/- | Received On 02-06-21 |
||
| GIS | Rs. 11,218/- | received On 11-08-21 |
Signature Not Verified
Digitally Signed W.P.(C) 16179/2024 By:REYMON VASHIST Signing Da te:2 2.12.2025 18:03:44
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| GPF | AMOUNT NOT KNOWN |
Received NIL |
|---|---|---|
| MONTHLY PENSION |
PENDING SINCE RETIREMENT 01-11-21 |
NOTE:Retired on 21.10.2020 TOTAL RETIREMENT BENEFIT : Rs. 20,21,305/- + GPF amount not known Received :Rs.4,78,048/- approx Due Amount : Rs. 15, 43,527/- + GPF amount not known”
“Accordingly, the OA is allowed. Respondents are directed to release only the remaining amount of retirement benefits and pay the same to the applicant alongwith 12% per annum rate of interest till the date of payment within a period of three months from the date of receipt of a certified copy of this order.”
“ 5. We have referred in sufficient detail to the Rules and instructions which prescribe the time-schedule for the various steps to be taken in regard to the payment of pension and other retiral benefits. This we have done to remind the various governmental departments of their
Signature Not Verified
Digitally Signed W.P.(C) 16179/2024 By:REYMON VASHIST Signing Da te:2 2.12.2025 18:03:44
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duties in initiating various steps at least two years in advance of the date of retirement. If the Rules/instructions are followed strictly, much of the litigation can be avoided and retired government servants will not feel harassed because after all, grant of pension is not a bounty but a right of the government servant . The Government is obliged to follow the Rules mentioned in the earlier part of this order in letter and in spirit. Delay in settlement of retiral benefits is frustrating and must be avoided at all costs. Such delays are occurring even in regard to family pensions for which too there is a prescribed procedure. This is indeed unfortunate. In cases where a retired government servant claims interest for delayed payment, the court can certainly keep in mind the time-schedule prescribed in the Rules/instructions apart from other relevant factors applicable to each case.”
(Emphasis Supplied)
NAVIN CHAWLA, J
RAJNEESH KUMAR GUPTA, J
DECEMBER 18, 2025 /ys/ P/DG
Signature Not Verified
Digitally Signed W.P.(C) 16179/2024 By:REYMON VASHIST Signing Da te:2 2.12.2025 18:03:44
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1 issue framed by the court
Whether interest on delayed retiral benefits is payable for the entire period of delay, including on amounts paid in tranches, or only on the amount remaining unpaid.
Colour shows how this judgement treated each authority
Uma Agrawal (Dr) v. State of U.P.Relied on¶9
(1999) 3 SCC 438 · Who else cites this
Mukesh Kumar
The Commissioner
Navin Chawla
Rajneesh Kumar Gupta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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