Q: I am a central government officer. In May 2003 I applied for voluntary retirement but withdrew the application before the notice period was over. My employer wrongfully rejected my withdrawal and I was forced to accept my retirement dues. I appealed and eventually the concerned authority accepted my withdrawal and ordered reinstatement in August 2005. The department however, sought clarification and in January 2006 it was ordered that I deposit the full FS / pension paid to me with interest for my reinstatement. I requested the department to permit me to deposit 50 per cent of the amount and adjust the rest from my salary after I join, but I was refused. I approached Central Administrative Tribunal (CAT) and in September 2007 it passed an order directing me to deposit 50 per cent immediately and the rest in installments after joining. The department is refusing to implement the said order and is proposing to appeal in the high court. Kindly advise about the legal steps I can take and the benefits I am entitled to.

I. Hansdak

A:Voluntary retirement takes effect from the date mentioned in the application made by the employee. Thus, anytime before this date, the employee is within his rights to recall the notice. It appears that the appellate authority has accepted your withdrawal of notice on the condition that you repay the sum already paid to you. You took the correct step by approaching the CAT seeking installments, but it is surprising that inspite of the order of the tribunal, your employer is still adamantly refusing to let you resume your duties. In this situation, you have the option of filing a contempt petition against your employer and the officers concerned. Section 17 of the Administrative Tribunal Act, 1985, provides that the CAT has and can exercise the same jurisdiction and power in respect of contempt of its orders as the high courts have and exercise. Thus the rigours and provisions of the Contempt of Courts Act, 1971, (subject to minor modifications) are applicable to the tribunal and it is empowered to take appropriate steps against those who disobey its order. Taking this step will also go in your favour, if your employer actually moves the high court against the order of CAT. Upon reinstatement, you shall be entitled to all normal benefits including continuity of service, back pay etc. from the date of the withdrawal of notice.

Q: I was working at LICI. I retired on October 31, 2007. But I received my pension along with the commutation value on January 1, 2008. My PF payment was paid on November 16, 2007, causing substantial financial loss due to the delay. Can I demand interest from LICI?

Mrinal Kanti Ray, Katwa

A:Normally one is entitled to receive his retirement dues forthwith upon retirement. If there are no provisions for payment of interest in your service rules and regulations, you will first have to demand interest in writing from your employer on account of delay. If they do not accede, you may approach the court. If the court finds that there has been intentional or culpable delay on part of the employer in settlement and disbursement of such payment, it may order the employer to pay interest. In cases of gross delay, the courts may even allow interest at the current market rate till full payment is made. However, in such cases one must prove there are ample reasons for penalising the employer. From the given facts, it is unlikely that the court will take a very severe view since the delay is only of two or three months.