MA-1757/2011 for joining together is allowed.
2. The applicant, herein, has filed this OA for the following reliefs:-
a) Call upon the respondent corporation to prepare proper and correct statement with respect to the applicants thereby working out the amount of interest to be paid to each of the applicants @ 12% per annum from the date when the amount was actually due till the period the said amount was reimbursed.
b) Issue appropriate direction against the respondent thereby directing the respondent to release and make the payment of interest @ 12% per annum of the intervening period i.e. from the date of retirement of the applicants till release to the commuted pension.
c) As grant of the said relief to all such retired DTC employees would have the effect of avoiding multiplicity of litigation, relief with respect to them is also being prayed for.
3. It is submitted by the learned counsel for the applicant that the applicants in this OA are similarly situated to 108 petitioners in Writ Petition (C ) No. 4523/2003, in which the High Court of Delhi had directed payment of interest and that the SLP filed by the DTC against the High Courts decision was also dismissed by the Honble Supreme Court. It is also stated by the learned counsel for the applicants that some persons in the respondent corporation had also filed OA No. 4098/2010 in this Tribunal on the basis of the aforementioned orders of the High Court and in that OA directions were issued to the respondents to verify whether the applicants were actually identically situated as claimed by them as those in Writ Petition No.4523/2003 and if so, to pay them interest on commuted pension for the period of delay from the date of their retirement to the date on which the commuted pension actually paid to them. He submits that the orders passed in this OA have been complied with by the respondents.
4. In the facts and circumstances of this case, we deem it appropriate to dispose of this OA also at the admission stage itself with a direction to the respondents to verify the submissions of the applicants that they are identically situated, and also the submission that in the case of similarly situated persons, interest has been paid, and if so to accord parity of treatment and consider the payment of interest to them also. The matter may be given careful and urgent consideration and the action/decision taken should be communicated to the applicant through issue of a reasoned and speaking order within a period of ten weeks from today.
5. The OA stands disposed of in terms of the above directions. No costs. (Shailendra Pandey) Member (A)
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