Delhi High Court
Shri Ashok Kumar vs North Delhi Power Ltd. And Anr. on 5 September, 2013
Author: Valmiki J. Mehta
Bench: Valmiki J.Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 510/2012
% 5th September, 2013
SHRI ASHOK KUMAR ..... Petitioner
Through: Mr. Anuj Soni, Advocate.
Versus
NORTH DELHI POWER LTD. AND ANR. ..... Respondents
Through: Mr. Vikram Nandrajog, Advocate
with Mr. Sushil Jaswal, Advocate.
Mr. Sumeet Pushkarna, Advocate for
respondent No.2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. Petitioner, by this writ petition, seeks direction for release of his terminal benefits which were payable on his retirement from the respondent No.1/ North Delhi Power Ltd.(now known as Tata Power Delhi Distribution Ltd.) on 31.10.2011. The only ground on which payment of terminal benefits was withheld was that a criminal case was pending against the W.P.(C) No.510/2012 Page 1 of 3 petitioner under the Prevention of Corruption Act and the connected relevant provisions of Indian Penal Code, 1860.
2. The issue in the present case as to entitlement of an employer to withhold the terminal benefits such as gratuity and/or pension is covered by a recent judgment of the Supreme Court in the case of State of Jharkhand and Ors. Vs. Jitendra Kumar Srivastava and Anr. in Civil Appeal No.6770/2013 decided on 14.8.2013. In the case of Jitendra Kumar Srivastava (supra) Supreme Court has said that terminal benefits such as pension and gratuity are not a bounty. Supreme Court has further held that such benefits cannot be taken away as per Article 300A of the Constitution of India without following the due procedure of law. Supreme Court has further held that merely because a criminal case or departmental proceedings are pending against an employee, terminal benefits cannot be withheld and can only be withheld when there is a finding of grave misconduct against the employee.
3. Admittedly, in the present case no departmental proceedings are pending against the petitioner and there is no judgment against the petitioner in the criminal case. Accordingly, following the ratio in the case of Jitendra Kumar Srivastava (supra) the writ petition is allowed and the respondent Nos.1 and 2, namely, North Delhi Power Ltd and DVB Employees Terminal W.P.(C) No.510/2012 Page 2 of 3 Benefit Fund are directed to release the terminal benefits of the petitioner. Terminal benefits be released by the respondents within two months from today. In case, the terminal benefits are not paid within two months from today, thereafter petitioner will be entitled to interest @ 9% per annum simple. Parties are left to bear their own costs.
SEPTEMBER 05, 2013 VALMIKI J. MEHTA, J.
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