Jharkhand High Court
Sushil Kumar Saha vs The Mecon Ltd. (A Govt. Of India ... on 20 April, 2018
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
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IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No. 3166 of 2016
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1.Sushil Kumar Saha, son of late Sadhu Charan Saha, resident of House No.27/183, Kilburn Colony, Hinoo, Ranchi, PO-Doranda, PS-Doranda, District-Ranchi-834002 (Jharkhand)
2.Suvra Saha, wife of Shri Sushil Kumar Saha, resident of House No.27/183, Kilburn Colony, Hinoo, Ranchi, PO-Doranda, PS- Doranda, District-Ranchi-834002(Jharkhand) ..... Petitioners
-Versus-
1.The MECON Ltd. (A Govt. of India Enterprises) through its Chairman-cum-Managing Director having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
2.General Manager (Finance), MECON Ltd. Having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
3.The Joint General Manager (Personnel), MECON Ltd., having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002 .... Respondents With W.P.(S) No. 3167 of 2016
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1.Anil Ekka, son of late Nuas Ekka, resident of Baithania, Debadih, Doranda,PO-Doranda,PS-Doranda,District-Ranchi-834002 (Jharkhand)
2.Sheela Ekka, wife of Shri Anil Ekka resident of Baithania, Debadih, Doranda, PO-Doranda, PS-Doranda, District-Ranchi-
834002(Jharkhand) ..... Petitioners
-Versus-
1.The MECON Ltd. (A Govt. of India Enterprises) through its Chairman-cum-Managing Director having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
2.General Manager (Finance), MECON Ltd. having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
3.The Joint General Manager (Personnel), MECON Ltd., having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002 .... Respondents With W.P.(S) No. 3168 of 2016
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1.Niranjan Poddar, son of late Lal Kishun Poddar, resident of Flat No.SW-3, Geetanjali Apartment, South Office Para, Doranda, PO- Doranda, PS-Doranda, District-Ranchi-834002(Jharkhand)
2.Chhandita Poddar, wife of Shri Niranjan Poddar, resident of Flat No.SW-3, Geetanjali Apartment, South Office Para, Doranda, PO- Doranda, PS-Doranda, District-Ranchi-834002(Jharkhand) ..... Petitioners
-Versus-
1.The MECON Ltd. (A Govt. of India Enterprises) through its Chairman-cum-Managing Director having its office at Doranda, 2 PO and PS-Doranda, District-Ranchi-834002
2.General Manager (Finance), MECON Ltd. having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
3.The Joint General Manager (Personnel), MECON Ltd., having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002 .... Respondents With W.P.(S) No. 3174 of 2016
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1.Bhrigunath Mistry, son of late Nagdeo Mistry, resident of Bosco Nagar, Road No.1A, House No.63/New, PO-Hatia, PS- Jagarnathpur, District-Ranchi-834003
2.Uma Sharma, wife of Sri Bhrigunath Mistry, resident of Bosco Nagar, Road No.1A, House No.63/New, PO-Hatia, PS- Jagarnathpur, District-Ranchi-834003 ..... Petitioners
-Versus-
1.The MECON Ltd. (A Govt. of India Enterprises) through its Chairman-cum-Managing Director having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
2.General Manager (Finance), MECON Ltd. having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002
3.The Joint General Manager (Personnel), MECON Ltd., having its office at Doranda, PO and PS-Doranda, District-Ranchi-834002 .... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioners : Mr. Sumeet Gadodia, Advocate Mr. Ranjeet Kushwaha, Advocate Mr. Ritesh Gupta, Advocate Ms. Moushmi Chhatterjee, Advocate Mr. Vivek Raj, Advocate For the Resp.-MECON Ltd. : Mr. Amitabh, Advocate
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11/ 20.04.2018 Seeking a direction upon the respondent-MECON to restore medical treatment facilities at Ispat Hospital, Ranchi and the benefits under Post Superannuation Medical Benefit Scheme and other facilities as are available to ex-employees of MECON, the petitioners have approached this Court.
2. Shorn of unnecessary details, suffice would be to record that after an interim order was passed by this Court on 18.01.2018 medical facilities to the petitioners were restored. The respondent-MECON has taken a plea that the medical treatment 3 facilities and Medical Benefit Scheme are made available to those ex-employees against whom no dues is pending and extending medical and other facilities to the ex-employees incur heavy financial burden upon the respondent-MECON.
3. Once it is found that the medical treatment facilities are available to other ex-employees and Post Superannuation Medical Benefit Scheme has been equally made applicable to others, the plea of financial burden taken by the respondent-MECON is misconceived. In respect of excess payment of leave encashment amount, the respondent-MECON has instituted suit for recovery of the alleged excess payment made to the petitioners. Evidently, during the pendency of the suit on the plea that the petitioners have been paid excess to what they were entitled to for leave encashment, medical treatment facilities cannot be withheld. In the supplementary affidavit dated 20.04.2018 filed in W.P.(S) No.3168 of 2016, the petitioners have produced copies of letters and application form which were furnished to the petitioners for extending Post Superannuation Medical Benefit Scheme. Some of the petitioners have already submitted duly filled up application form along with demand draft for the requisite fee, however, by a letter dated 05.04.2018 the respondent-authority, it appears, has returned those applications on the ground of pendency of the writ petition.
4. In view of the facts disclosed in the present proceeding, which unerringly would disclose that the medical treatment facilities at Ispat Hospital, Ranchi and Post Superannuation Medical Benefit Scheme have not been extended to the petitioners only on the ground of excess payment made to them, finding serious infirmity in the approach of the respondents in withholding medical treatment facilities and benefit of the Medical Benefit Scheme, these writ petitions stand allowed with direction to the Joint General Manager (P&A), MECON Ltd.-respondent no.3 to continue medical treatment facilities at Ispat Hospital, Ranchi for the petitioners till the suit filed by M/s 4 MECON is finally decided, and to extend the benefit of Post Superannuation Medical Benefit Scheme to the petitioners within four weeks of their submission of duly filled up applications and requisite fee. Other benefits, if any, available to the ex-employees may also be extended to the petitioners on usual charge and conditions.
5. In the aforesaid terms, the writ petitions stand allowed.
(Shree Chandrashekhar, J.) SI/,