Payment of gratuity under ccs rules, 1972 - reg.

Vasudevan (Querist) 10 May 2024 This query is : Resolved
Respected Learned Experts, I had been not paid gratuity for the past three years by my department (Central Government) due to some disciplinary proceedings. In 2021, order has been passed for a cut in pension without stating anything on the payment of gratuity. I had filed an O.A. before the CAT, Chennai Bench duly claiming for interest on gratuity. The CAT Bench has disposed my OA directing my department to pass a speaking order on my representation which claims interest on gratuity too. Now my department has passed an order for payment of gratuity without any mention on the interest claimed by me. In the above circumstances, I may please clarified whether I have to file Contempt Petition for not passing an order on interest or I have to file a fresh OA for claiming gratuity. As I am appearing as Party In-Person before the CAT Bench, i may please be shared with your expertise guidance in the matter and oblige. Advance thanks in anticipation to all the Learned Experts.

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This discussion concerns the delayed payment of gratuity for three years under CCS Rules, 1972, due to disciplinary proceedings. Despite a CAT order directing a speaking order on the gratuity and interest claim, the department has paid gratuity without mentioning interest. Experts advise receiving the gratuity first and then filing an execution petition for interest, rather than a contempt petition, or alternatively, filing a fresh OA for the interest claim.

T. Kalaiselvan, Advocate (Expert) 10 May 2024
Since the department has initiated steps to pay the gratuity you may first receive it and then file an execution petition for recovery of interest agaisnt the gratuity payment as per provisions of law
Contempt of court will not be maintainable

Vasudevan (Querist) 10 May 2024
Much obliged by the advice of Learned Expert Shri T. Kalaiselvan. Once again thank you very much sir.

T. Kalaiselvan, Advocate (Expert) 10 May 2024
You are welcome for your appreciations

kavksatyanarayana (Expert) 10 May 2024
The interest on gratuity shall be sanctioned by the Government and hence your department authorities may submit a report in the matter. Hence they first sanctioned your gratuity. Wait some time and make a request to the Government directly marking copy to the department. Even though they do not sanction gratuity then file suit for recovery of interest in CAT.

Vasudevan (Querist) 11 May 2024
Much obliged for the response of Learned Expert Shri KAVK Satyanarayana. Once again my heartful thanks to your well reasoned and detailed guidance in the matter.

kavksatyanarayana (Expert) 11 May 2024
You are most welcome.

P. Venu (Expert) 07 February 2025
In the given facts, the ideal course is filed a fresh OA.

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