Ccs pension rule - interest on delayed payment of pension -
Vasudevan
(Querist) 27 December 2019
This query is : Resolved
Dear Experts,
I had filed OA before the CAT, Chennai Bench and appeared as party in person. The OA is filed to release the provisional pension along with the interest @ 18% for the delay caused. The OA was disposed with the directions to pass appropriate speaking order on my representation. The Respondents has release the provisional pension and passed a speaking order without any mention on the interest claimed. I had sent a letter to look into the interest element and pass the same. But there is no response from the Respondents. The time limit fixed by the CAT was 4 months which was completed on 26.12.2019. Can I file Contempt Petition? If so, out of three Respondents, whether I can file Contempt on only two of them? What is the time limit to file Contempt Petition? Whether the Contempt Petition to be filed under Civil or Criminal side? What are the remedies I am entitled for? Please oblige.
Thanking you in advance.
With regards
V. VASUDEVAN
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
In my opinion, instead of contempt petition, you may better file an execution petition before the execution court to recover the interest amount.
You know which authority has made the payment of pension, hence you can file the EP against the same authority and can implead the other authorities as co-respondents in the EP.
Dr J C Vashista
(Expert) 29 December 2019
Issue legal notice to respondents under Section 17 of The Administrative Tribunal Act, 1986 through your lawyer.
Vasudevan
(Querist) 29 December 2019
Thank you very much Learned Expert Shri Kalaichelvan. Whether I can file EP in CAT Bench itself, in the absence of no order passed either by the CAT or the concerned authority on the interest on delayed payment of interest. As I am appearing as Party in person, I shall be much obliged for your guidance please.
Learned Expert Dr. J C Vashista, I had issued notice to the Respondents without mentioning Section 17 of the Administrative Tribunal Act,1986. Whether it is suffix in the eyes of Law.. Please guide.
Sudhir Kumar, Advocate
(Expert) 30 December 2019
given facts indicate that directions of court stands complied. no CP or EP is admissibles.
Sudhir Kumar, Advocate
(Expert) 30 December 2019
file. fresh case for interest or revise OA (if advisable as per wording of court order)
Vasudevan
(Querist) 30 December 2019
Much obliged by the reply of Learned Sudhir Kumar sir.
Sb Karma
(Expert) 31 December 2019
file case for revised Interest ASAP
