Gauhati High Court
Jitendra Nath Sarma vs The State Of Assam And 3 Ors on 24 March, 2015
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
WP(C) 4544/2014
BEFORE
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
24.3.2015
Heard Ms P Bhattacharyya, learned counsel for the
petitioner and Ms U Baruah, learned senior counsel for the
respondent ASTC assisted by Mr MP Goswami.
Petitioner's case is that after his retirement from service on 31.1.2014, he is entitled to receive Rs. 6,61,268/- as gratuity; Rs. 3,16,540/- as leave encashment dues, CPF amount, GIS etc. However, inspite of repeated requests and various representations made by the petitioner, the respondents have failed to release the aforesaid amount. There is no dispute regarding the amount payable to the petitioner by the respondents.
During the pendency of present writ petition an amount of Rs. 50,000/- has been paid to the petitioner by the respondents and the respondents have proposed to liquidate the outstanding dues at a monthly installment of Rs. 30,000/-.
The counsel for the respondents has submitted that though the ASTC is willing to pay the entire amount of pensionary benefits to the petitioner, on account of financial constraints, they are unable to pay the same at one go.
Counsel for the petitioner, on the other hand, has submitted that the payment of pensionary benefits in installments is unfair and cannot be allowed in view of the judgments of the Supreme Court wherein it has been observed that pensionary benefits are not bounties but are properties of the retired employees. The counsel for the petitioner has also relied upon the decision of this Court in Rohini Kr. Deka -vs- State of Assam & Ors., reported in 2000 (2) GLT 471 wherein the State Government has been directed to pay to the petitioner Page 1 of 3 the entire amount of pension within three months. It was further observed that on failure on the part of the State Government to pay the pension amount within the time specified, interest at the rate of 18% would become payable on the pension amount.
Counsel for the respondents on the other hand has submitted that there are various orders of this Court in respect of the same subject matter involving ASTC. She has relied on the order dated 19.11.2014 passed in WP(C) 3243/2014 which is to the effect that the respondent ASTC was to pay the pensionary benefits to the retired employees by way of monthly installment of Rs. 50,000/- The respondents' counsel has also referred to the order dated 10.9.2014 passed in WP(C) 3251/20145 regarding the same subject matter involving the ASTC wherein this Court had directed payment of pensionary benefits in monthly installments.
In view of the orders passed by this Court in WP(C) 3243/2014 and WP(C) 3251/2014 regarding the same subject matter involving employees of the ASTC, this writ petition is being disposed of in line with the order dated 19.11.2014 passed in WP(C) 3243/2014 and the order dated 10.9.2014 passed in WP(C) 3251/2014.
The only dispute is now with regard to the amount of monthly installment to be paid by the respondents to the petitioner.
Counsel for the petitioner submits that the petitioner should get at least Rs. 80,000/- per month as monthly installment. The respondent's counsel has, however, submitted that it would be difficult for the respondent Corporation to pay Rs. 80,000/- as monthly installment.
Ms P Bhattacharjee, counsel for the petitioner and Ms U Baruah, counsel for the respondents have compromised and agreed that the payment of pensionary benefits/ outstanding Page 2 of 3 retirement dues payable to the petitioner will be made at the rate of Rs. 60,000/- per month with effect from April, 2015.
It is made clear that in the event of default on the part of the respondent ASTC in payment of monthly installment of Rs. 60,000/- to the petitioner, the respondent ASTC shall be liable to pay interest on the defaulted amount at the rate of 10% per annum.
The writ petition stands disposed of in the above terms with the consent of both the parties.
No costs.
JUDGE skd Page 3 of 3