Supreme Court - Daily Orders
Bindeshwar Mandal vs The Bihar State Power Holding Company on 9 October, 2023
Bench: A.S. Bopanna, M.M. Sundresh
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.6600-6601 OF 2013
(arising out of SLP(CIVIL) Diary No(s). 20907/2019)
BINDESHWAR MANDAL Appellant(s)
VERSUS
THE BIHAR STATE POWER HOLDING COMPANY & ORS. Respondent(s)
O R D E R
1. Delay in filing and re-filing is condoned.
2. Leave granted.
3. This Court, at an earlier instance, while hearing the learned counsel for the parties, through the order dated 21.02.2023, had indicated the manner in which the present appeal could be disposed of and had adjourned the matter to enable the learned counsel for the respondents to secure instructions in the matter. The respondent nos. 1-8, have filed their additional affidavit dated 04.08.2023 wherein, paragraph-5 of the affidavit reads as hereunder;
“ That it is submitted herein that the Signature Not Verified Digitally signed by Company is ready to treat the punishment Nisha Khulbey Date: 2023.10.10 16:56:15 IST Reason: of petitioner (Sri Bindeshwar Mandal) from dismissal dated 04.10.1996 to that of compulsory retirement on the day of 2 his assumed superannuation to enable the petitioner to receive pensionary benefits w.e.f. 01.02.2009. However it is made clear that the punishment of dismissal shall not be modified but that will be treated as compulsory retirement w.e.f 31.01.2009 just to enable the petitioner to receive pensionary benefits. The petitioner would not be entitled to claim any salary, increments etc whatsoever for the period from 04.10.1996(date of his dismissal till the date of his assumed superannuation i.e.31.01.2009). It is further clarified that the power company shall not pay any interest towards arrears of pension for the period from 01.02.2009 till the day this Hon’ble Court passes the final order. In this view of the matter, the Hon’ble Court may pass the necessary order but that should not be allowed as precedence.
4. In view of the same, though the order of dismissal impugned, is upheld, the dismissal, as ordered therein, shall be treated as compulsory retirement in that manner as undertaken above and the pensionary benefits that would enure to the benefit to the petitioner herein, shall be paid with effect from 01.02.2009, as agreed, within a period of four weeks from this day failing which, the same would carry interest at 7.5% per annum thereafter. The accruing 3 monthly pension shall be paid with effect from the date on which the arrears are paid.
5. The appeals stand disposed of in above terms.
6. Pending application(s), if any, shall stand disposed of.
...................J. (A.S. BOPANNA) ...................J. (M.M. SUNDRESH) New Delhi 09th October, 2023 4 ITEM NO.55 COURT NO.7 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 20907/2019 (Arising out of impugned final judgment and order dated 06-03-2019 in CR No. 223/2017 23-09-2013 in LPA No. 1389/2011 passed by the High Court Of Judicature At Patna) BINDESHWAR MANDAL Petitioner(s) VERSUS THE BIHAR STATE POWER HOLDING COMPANY & ORS. Respondent(s) IA No. 166086/2019 - CONDONATION OF DELAY IN FILING IA No. 166090/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTSAND IA No. 166092/2019 - EXEMPTION FROM FILING O.T.) Date : 09-10-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. T. Mahipal, AOR For Respondent(s) Mr. Manish Kumar Choudhary, Adv.
Ms. Srishti Choudhary, Adv.
Ms. Namita Choudhary, AOR Mr. Shubham Saurav, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay in filing and re-filing is condoned. Leave granted.
The appeals stand disposed of in terms of the signed order along with the pending application(s), if any. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)