Ccs pension rule - interest on delayed payment of pension -

Vasudevan (Querist) 31 January 2020 This query is : Resolved
The CAT bench has issued a direction to examine my representation which claims for provisional pension and interest thereon for the delay in sanction of provisional pension. The department has sanctioned only provisional pension but not paid interest. I had issued reminders but in vain. Now I am in the idea of filing contempt petition before the CAT bench. I am appearing as party in person. What are the relief I can claim in the contempt petition? Can I claim for cost for both OA and CA. Please guide me. Thanking you in anticipation.

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A user is seeking advice on claiming interest for delayed provisional pension payments from the department, as only the provisional pension was sanctioned but not paid with interest. They are considering filing a contempt petition with the CAT bench and are asking about potential reliefs and costs. Experts suggest that a contempt petition might not be applicable for the interest on delayed provisional pension, and advise reviewing the CAT's specific order for non-compliance. They recommend filing a Miscellaneous Application (MA) to pursue the remaining part of the interim direction rather than a contempt petition (CP).

kavksatyanarayana (Expert) 31 January 2020
Fiel contempt petition without costs. However, consult your own counsel.

P. Venu (Expert) 01 February 2020
What exactly were the directions of the Tribunal? What about your gratuity and commutation of pension (if applied for)?

Dr J C Vashista (Expert) 02 February 2020
Grant/ sanction / payment of provision pension is not final, but interim, your counsel should have informed you.
No contempt lies for non-payment of interest on delayed payment of provisional pension, as stated by you.
Wait for final payment of pension.
If you are not satisfied with performance, behaviour or competence of your lawyer it is advisable to change him/ her immediately and consult/ engage another local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

Sudhir Kumar, Advocate (Expert) 02 February 2020
just read the order.

whichever portion has not been complied with the same can be agitated in CP.

Sudhir Kumar, Advocate (Expert) 02 February 2020
In most of the contempt cases deptt submits reply to the court after compliance.

Vasudevan (Querist) 02 February 2020
Much obliged by the advise of the Learned Expert. As I am appearing as party in person, I sought the help of the Expert forum for guidance. Once again I thank one and all of the Learned Experts who are all responded and guided me.

Raj Kumar Makkad (Expert) 04 February 2020
As CAT Bench had provided interim direction to respondent department to decide the representation of applicant containing the relief of provisional pension along-with interest on the arrears and the respondent department has made compliance of the interim direction in part so rest of the part of the interim direction needs to be agitated by way of filing MA and not CP. CAT shall definitely get its order implemented unless the same is stayed by high court.

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