Delhi High Court - Orders
V.K. Sharma Deceased Thr. Lrs vs State Farms Corpn. Of India Ltd. & Anr on 25 April, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5775/2003
V.K. SHARMA DECEASED THR. LRS. ..... Petitioner
Through: Mr.Pradeep Misra, Mr. Daleep
Dhyani & Mr.Manoj Kr.Sharma,
Advocates.
versus
STATE FARMS CORPN. OF INDIA LTD. & ANR. .... Respondent
Through: Mr.Ghanshyam Joshi & Mr.Chirag
Joshi, Advocates.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 25.04.2022 Pursuant to proceedings dated 26.07.2018 on behalf of the respondents, learned counsel for the respondents has submitted the instructions received from the Company Secretary of the respondents to the effect that the Board of Directors in their 278th meeting held on 16.08.2018 have accorded consent to the proposal of the management for reimbursing the amount of Rs.17,500/- to the erstwhile petitioner, Mr.V.K.Sharma (since deceased) in the instant case along with interest at the rate of 9% per annum from the date when the amount was deducted i.e. 19.08.2002 till the date of payment with it having been submitted also on behalf of the respondents that this was without any link to the compulsory retirement case of the petitioner under FR-56(J) r/w Staff Regulation of the erstwhile SFCI (since amalgamated with the NSC).
In as much as, the petitioner in the instant case has expired on W.P.(C) 5775/2003 Page 1 of 2 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.04.2022 17:32:51 This file is digitally signed by PS to HMJ ANU MALHOTRA.
22.04.2021, his legal representatives have since been allowed to be brought on record in terms of proceedings dated 02.03.2022, it is now submitted on behalf of the petitioners brought on record qua whom the amended memo of parties is placed on record to the effect that in view of the submissions made on behalf of the respondents by the learned counsel for the respondents qua the instructions received from the respondents, the amount of Rs.17,500/- qua the gratuity amount with interest at the rate of 9% per annum from the date 19.08.2002 till the date of payment, be directed to be released to the petitioner no.4, Smt.Sarla Sharma, the widow of the erstwhile petitioner.
Furthermore, learned counsel for the petitioners submits that in view of the demise of the petitioner who had initially filed the petition, other prayers made through the amended petition are not pressed.
In view of the submissions made on behalf of either side, the amount of Rs.17,500/- qua the gratuity amount with interest at the rate of 9% per annum from the date 19.08.2002 till the date of payment, is directed to be released to the petitioner no.4, Smt.Sarla Sharma, the widow of the erstwhile petitioner which be so paid within a period of four weeks from the date of this order, in as much as, learned counsel for the petitioner submits that he represents all the legal representatives of the deceased/petitioner who have since been brought on record as petitioners and that the other petitioners have no objection to the release of the said amount to petitioner no.4.
The petition is disposed of accordingly.
ANU MALHOTRA, J APRIL 25, 2022 nc W.P.(C) 5775/2003 Page 2 of 2 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.04.2022 17:32:51 This file is digitally signed by PS to HMJ ANU MALHOTRA.