NDLI: Chief General Manager Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. & Ors. Vs. Manilal Ambalal Patel & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Delayed payment Interest for reasonableness of the time taken in processing application Commuted Value of Pension (CVP) Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law:Commuted Value of Pension (CVP) – Delayed payment –Interest for – Entitlement to the employee who was paid provisional pension during pendency of vigilance/disciplinary case – Vigilance clearance before the date of retirement – Application for CVP made after over three years from the date of retirement – Claim for interest on the CVP from the date of retirement – Denied by Department/employer – Administrative Tribunal as well as High Court directed grant of interest – On appeal, held: A claim for interest with regard to CVP may lie when an application has been made in time u/r. 13(1) of Commutation Rules and payment is delayed – Question as to payment of interest would arise based on the date of application and the reasonableness of the time taken in processing it and the arbitrariness in a particular case in delaying the matter – The employee was precluded from applying u/r. 13(1)as he was not getting superannuation pension – He was getting a provisional pension – He was not precluded from making application u/r. 13(3) – In view of acceptance of provisional pension and failure to make application u/r. 13(3), the employee could not have been granted interest on CVP from the date of retirement –Central Civil Services (Commutation of Pension) Rules, 1981 –rr. 4, 12, 13(1) and (3) – Central Civil Services (Pension) Rules,1972 – rr. 9 and 69.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 337
Petitioner	Chief General Manager Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. & Ors.
Respondent	Manilal Ambalal Patel & Anr.
SCR	[2019] 4 S.C.R. 1034
Judgement Date	2019-03-08
Case Number	1681

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