Dr. Shant Chopra Vs. Union of India Through the Secretary to Government of India, Ministry of Home Resources and Development(Department of Education), Shastri Bhawan, New Delhi and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/944754
CourtCentral Administrative Tribunal CAT Chandigarh
Decided OnJan-23-2012
Case NumberOriginal Application No. 898/CH/2011
JudgeS.D.ANAND, MEMBER (J) & THE HONOURABLE MR. KHUSHI RAM, MEMBER (A)
AppellantDr. Shant Chopra
RespondentUnion of India Through the Secretary to Government of India, Ministry of Home Resources and Developm
Excerpt:
oral: s.d.anand, member (j): 1. the counter filed on behalf of respondents 2 and 3 is taken on record. 2. it is apparent, from a conjunctive perusal of the pleadings raised by the parties, that the amount of dcrg came to be released on 29.3.2011. that the applicant herein retired on 31.12.2009, is no longer a matter of dispute. 3. the learned counsel appearing on behalf of the respondents states that disbursement of the dcrg amount came to be delayed on account of the non-issuance of no dues certificate by the college authorities. 4. the issuance of a no dues certificate is essentially a matter between the college and the official respondents. how exactly, then, the applicant can be held accountable for the delay, defies logical conclusion. 5. dcrg is not a bounty. a public servant, who acquits himself appropriately till conclusion of the duration of service, is entitled to it as a matter of right. eventualities justifying a dilution can be envisioned but, then, it (dilution) has to come about on the basis of a conscious decision which obviously has to be preceded by a departmental proceeding. 6. for the foregoing discussion, the oa shall stand allowed. the applicant is held entitled to the interest @ 9% from the date of retirement till the date of actual disbursement of the dcrg amount. 7. there shall be no order as to the costs of the cause in the facts and circumstances of the case. 8. in the facts and circumstances of the case, the disbursement of interest amount must come about within one month from today. 9. disposed of accordingly.
Judgment:

ORAL:

S.D.ANAND, MEMBER (J):

1. The counter filed on behalf of Respondents 2 and 3 is taken on record.

2. It is apparent, from a conjunctive perusal of the pleadings raised by the parties, that the amount of DCRG came to be released on 29.3.2011. That the applicant herein retired on 31.12.2009, is no longer a matter of dispute.

3. The learned counsel appearing on behalf of the respondents states that disbursement of the DCRG amount came to be delayed on account of the non-issuance of No Dues Certificate by the college authorities.

4. The issuance of a No Dues Certificate is essentially a matter between the college and the official respondents. How exactly, then, the applicant can be held accountable for the delay, defies logical conclusion.

5. DCRG is not a bounty. A public servant, who acquits himself appropriately till conclusion of the duration of service, is entitled to it as a matter of right. Eventualities justifying a dilution can be envisioned but, then, it (dilution) has to come about on the basis of a conscious decision which obviously has to be preceded by a departmental proceeding.

6. For the foregoing discussion, the OA shall stand allowed. The applicant is held entitled to the interest @ 9% from the date of retirement till the date of actual disbursement of the DCRG amount.

7. There shall be no order as to the costs of the cause in the facts and circumstances of the case.

8. In the facts and circumstances of the case, the disbursement of interest amount must come about within one month from today.

9. Disposed of accordingly.