The Gen.Manager Incharge,Hfcl vs Triloki Nath Verma & Anr on 12 January, 2010

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Patna High Court - Orders

The Gen.Manager Incharge,Hfcl vs Triloki Nath Verma & Anr on 12 January, 2010

Bench: Dipak Misra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      LPA No.1377 of 2009

             THE GEN.MANAGER INCHARGE, Hindustan Fertilizer Corporation Ltd,
HFCL, Barauni Fertilizer Factory, A Government of India Undertaking at and P.O Barauni
Urwarak Nagar, P.S. Barauni, District Begusarai (Bihar)

                                                       Versus

             1.   TRILOKI NATH VERMA son of late Sukhdeo Prasad, R/o Village Haragi,
                  PS Awatar Nagar, District Saran
             2.   The Union of India through the Chief Managing Director, Hindustan Fertilizer
                  Corporation Ltd. cum Joint Secretary, Fertilizer Ministry, Shastri Bhawan,
                  New Delhi                                          ........respondents
                                                    -----------


2      12-01-2010

Heard Mr. K. N. Gupta and Mr. Vijay Kumar Pandey, learned counsel for the appellant and Mr. Arvind Nath Pandey, learned counsel for the respondent no.1.

In this intra court appeal the appellant has challenged the order dated 5-8-2009 passed by learned Single Judge in CWJC no. 14102/2008 yet Mr. Gupta on behalf of the appellant restricted the challenge to the direction issued by the learned Single Judge for grant of interest at the rate of 6% from the time it was due as per letter of the Central Government dated 22-5-2007.

Such challenge lies in a constricted spectrum and we need not advert to the facts in detail. It is urged by Mr. Gupta, learned counsel for the appellant that reliance placed by the learned Single Judge on the letter of Central Government dated 22-5-07 was not justified and there was no direction by the Central Government to pay the interest. To appreciate the said submission, we have carefully perused the letter dated 22-5-2007. The said 2 letter is as under:-

"In continuation this Department's letter of even number dated 25.09.2006 on the subject mentioned, I am directed to state that the period spent on training as part of service may please be included for the purpose of ex-gratia and gratuity subject to the condition that this benefit will be extended as a one time special measure for the VSS offered employees of the closed down units, namely, HFCL, FCIL & PPCL and is not to be claimed by the other workers of these units or by the workers of running units.

You may please take necessary action on the basis of above clarification".

There is no command in the said letter to pay interest but that has actually created right in favour of the employee. Learned Single Judge meant by referring to the said letter that right had accrued in favour of the writ petitioner and hence, the amount fell due. It is urged by Mr. Gupta that the Corporation did not get the fund from the Central Government till May, 2008 and, therefore, the amount could not be disbursed.

Be that as it may, the interest component which has been fixed by this court does not warrant interference in this intra court appeal.

While concurring with the order passed by the learned Single Judge, we would only modify the order that the amount of interest as directed by the learned Single Judge shall be paid by the end of March, 2010 failing which it shall carry 8 % interest from the time the VSS became effective.

With the aforesaid modification in the order of learned 3 Single Judge, the appeal stands disposed of. There shall be no order as to costs.

(Dipak Misra, CJ.) (Shiva Kirti Singh, J.) BKS/-

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Patna High Court - Orders