Ccs pension rule, 1971 - reg.
Vasudevan
(Querist) 29 June 2023
This query is : Resolved
Respected Learned Expert(s), the Central Administrative Tribunal, Chennai Bench has allowed my O.A.. and directed the Respondents to pay interest on belated payment of pension. However, no time is prescribed by the Bench. In such cases, what is the normal period of time allowed for the Respondents to comply with the CAT order. Is there any rule on such time limit in the absence of the same in the order of the CAT. Kindly guide me as I was the party in person in the O.A. Advance thanks to all the Learned Expert(s) in anticipation.
kavksatyanarayana
(Expert) 29 June 2023
Submit an application with CAT orders to sanction the interest. The department has to obtain permission to sanction such interest. Only after receiving GO or instructions from government your department cannot pay the interest. It will take some time. You may submit a representation to the government in the matter.
T. Kalaiselvan, Advocate
(Expert) 30 June 2023
If there is no prescribed time limit in the order, then it will be generally termed that an execution petition may be filed immediately to execute the orders after the expiration of the time limit for preferring an appeal against the order by the judgment debtor.
Dr. J C Vashista
(Expert) 30 June 2023
Well advised by experts, I agree with them.
File a representation / notice to the respondent (departmental head) for payment of interest with copy of CAT order within a period of 45 days or so. If you do not get positive response, file execution application'under Sections 22, 27 of the Administrative Tribunals Act, 1985 read with Rule 24 of the C.A.T. (Procedure) Rules, 1987 and Order 21 Rules 10, 11 (2) 22 of the C.P.C. for a direction to the respondents to execute the Tribunals Order
You can also move contempt under Section 17 of the CAT Act read with Rule 5 of the CAT Contempt of Court Act, 1987 for not compliance of the order before CAT Chennai.
Sudhir Kumar, Advocate
(Expert) 30 June 2023
kindly share OA No so that better appreciation of facts could be there on seeing order.
Vasudevan
(Querist) 30 June 2023
Thanks to one and all for the response and guidance given by the Learned Experts. My sincere thanks to
S/Shri T. Kalaiselvan and Dr. J.C. Vashista for quoting the relevant provisions in the Rules. Shri Sudhir Kumar Sir, the OA No.382/2020. I think it has not been uploaded in the website. Once again thanks to one all for giving your valuable opinion in the matter.
