DR. SUSHIL KUMAR GUPTA vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~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 Signature Not Verified W.P.(C) 17591/2024 W.P.(C) 17592/2024 Digitally Signed By:AJIT Page 1 of 3 KUMAR Signing Date:12.03.2025 19:43:29 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