Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 32841 (DEL)

DR. RASHMI S. CHANDER v. MUNICIPAL CORPORATION OF DELHI

W.P.(C)/17592/2024 · 2025-03-11

Ajay Digpaul, C Hari Shankar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 17591/2024 W.P.(C) 17592/2024 $~37 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17591/2024 & CM APPL. 74848/2024 DR. SUSHIL KUMAR GUPTA .....Petitioner Through: Mr. Umesh Singh, Adv. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Shivangi Kumar, Mr. Gaurav Kumar Arya, Mr. Ismat Chughtai, Advs. + W.P.(C) 17592/2024 & CM APPL. 74851/2024 DR. RASHMI S. CHANDER .....Petitioner Through: Mr. Umesh Singh, Adv versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Shivangi Kumar, Mr. Gaurav Kumar Arya, Mr. Ismat Chughtai, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 11.03.2025 C. HARI SHANKAR, J. 1. These writ petitions assail identical orders passed by the Central Administrative Tribunal1 by which, while directing grant of payment 1 “the Tribunal” hereinafter Digitally Signed By:AJIT KUMAR Signing Date:12.03.2025 19:43:29 Signature Not Verified W.P.(C) 17591/2024 W.P.(C) 17592/2024 of delayed retiral benefits to the concerned petitioners, the Tribunal has awarded interest only from the expiry of three months from the passing of the order, @ 7.5 % from expiry of three months till the expiry of six months and @ 12% thereafter till the date of payment. 2. Aggrieved thereby and contending that the petitioners would be entitled to interest from the date of their superannuation, these writ petitions have been filed. 3. We have had occasion to decide an identical matter in WP(C) 15561/20242. 4. We have held, in the said decision, following our earlier judgment in MCD v Bijender Singh3, that a retired employee who has not been disbursed retiral benefits would be entitled to interest from the date of retirement. 5. As such, we modify the order passed by the Tribunal by holding that the interest at the rate of 7.5% would be reckoned from the date of the petitioners’ superannuation, and not from the expiry of three months from the order of the Tribunal, till the date when the principal amount of the retiral dues was/is paid. We clarify that the direction for increase in the rate of interest to 12% p.a., in the event the amount is not/has not been paid before the expiry of six months from the date of the judgement of the Tribunal, stands as it is. 2 Dr Priya Vrata v MCD. 3 2024 SCC OnLine Del 7716 Digitally Signed By:AJIT KUMAR Signing Date:12.03.2025 19:43:29 Signature Not Verified W.P.(C) 17591/2024 W.P.(C) 17592/2024 6. The writ petitions stand allowed accordingly. C. HARI SHANKAR, J. AJAY DIGPAUL, J. MARCH 11, 2025 dsn Click here to check corrigendum, if any Digitally Signed By:AJIT KUMAR Signing Date:12.03.2025 19:43:29