Central Administrative Tribunal - Kolkata
Probal Kumar Roy vs South Eastern Railway on 17 August, 2022
1 . 1178/2022 ol | po WU fuottesssee CENTRAL ADMINISTRATIVE TRIBUNAL ; 9 9 3. fue | KOLKATA BENCH, KOLKATA BF ag ge O.A. No. 350/01178/2022 | Date of Order: 17.08.2022 Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member. _In the matter of :
Sri Probal Kumar Roy, son of Late Provat Kumar Roy, aged about 65 years, 5 months retired as Senior Technician (INSTR) under Senior Section Engineer/ELS/ Santragachi/S.E. -- Rly » having permanent address at 1/A, College Road, Pramathanagar, Parsudih, Tatanagar, District- East Singhbhum, State-Jharkhand, Pin-831002. | sees Applicant.
-Versus-
1. Union of India, through the General Manager, South Eastern Railway, 11, Garden Reach Road, Kolkata-700043. |
2. The Senior Divisional Personnel Officer, South Eastern Railway, Kharagpur, District-West . Midnapore, State-West Bengal, Pin-721301.
3. The Assistant Personnel Officer, South Eastern Railway, Santragachi, | "f | a 2 : | | . 1178/2022, Post Office- Santragachi, District-
Howrah, State- West. Bengal, Pin-
711112.
ee Respondents For The Applicant(s): Mr 8. K Ganguly, Counsel _For The Respondent(s): Ms. D. Ghosh Dastidar, Counsel. - ORDER@RAL | Per: Ms. Bidisha Banerjee, Member (J) ~ Heard Ld. Counsels for both sides.
2. 'This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, as no complicated question of faw is involved this matter is taken up for disposal with the consent of both the parties.
3. The applicant had approached this Tribunal under Section 19 of the _ Administrative Tribunals Act, 1985 praying for the fol lowing relief:
"fo} To: pass an anpropriate order directing:upom the respondent authority. te refund the withheld. parts of -DCRG: ammount (Rs.
- 6,84,000/+) to the applicant;
(5) To arrange payment of interest an Bs. 6,84,000/4 @ 12% p.a. for the period between his date-of retirement and date of which. the interest amount will be credited to his pension -account- 90 days."
4. The applicant, a retired Railway employee, is aggrieved as his representation dated 26.05.2022(annexed at Annexure-A/7 to the OA}, 3 -V478/2022 seeking release of withheld DCRG(Death-cum-retirement gratuity) amount of 8 Rs, 6,84,000/- Is still pending with the respondent authority. it is submitted that originally the Court of Additional Senior Civil Judge at 'Anakapalle, considered the LA. No. 787/2016 in 0.8. No. 2058/2016 | 7 -- Jajula Chandra Sekhar and Probal Kumar Roy with Ga rnishee, The Senior Divisional einavige Manager, Accounts Office, South Eastern Railways, . Kharagpur, Midnapur District, West Bengal, in a suit filed by the plaintiff | against the defendant Probal Kumar Roy for sebovery of Rs. 6,84,000/- - | towards the principal and interadt due ona promissory note for RS. 4,00,000/- :
' 'on 22.12.2013 executed by the defendant in favour of plaintiff agreatng to repay the same with interest gt 24% p.a., from the date of suit till the date of ; realization and for costs of the sult. | On 13,12.2016, the Court of Additional Senior Civil Judge at Anakapalle . ordered that, "vou the Garnishee is directed to withhold the retirement - benefits to the tune of uit amount ie, Rs. 684,000/- of defendant:
respondent . Probal Kumar Roy, son of late Provat Kumar roy, Hindu, P.F. No. | 05716354, Designation Tr CH/1, Section-£/5, Senior Section raginées Electric . 'Loco: Shed, South Eastern 'Railway, Santragachi, inact | (Post)-711111, Howrah District West Bengal State, subject to Section 60 CPC. Suit Amount : Rs 6,84,000/-" | In view of the order passed by the additional Sénier civil judge at Ana kapalle, Visakhapatnam, the APO/S E Rly/SRC has generated the following reply in response to an RTl application 7 | | "DCRG of -Sri- Probal. Kumar Roy amounting. Rs. 777546/- has been sent to Sr. DFM/KGP(Pen} on 19.12.2017 for audit and necessary payment keeping aside.
a) A 4178/2022 (withheld) Rs. 6,84,000/ as per Court's order with the approval of the competent authority." | : . The final decree 'of 02.05.2018 in OS No. 2085/2016 is that "the defendant do pay to the plaintiff d sunt of Rs. 6,84,000/- (Rupees Six lakhs ; Eighty Four Thousand only) with costs and future-interest as artivér for and the | defendant is directed to pay an interest at 12% p.a. on Rs, 4,00,000/- from the date of filing of suit sll passing of decree and also directed to pay an interest at 6% p.d. on Rs. 4,00,000/- from the date af passing of decree till realization of decretal amount: and that the defendant do alsa pay te the plaintiff a sum of Rs: 27, 744/- towards costs of the suit."
The applicant is aggrieved as the decree does not refer to withholding 'of DCRG irioney 'yet the DCRG is withheld without authority of law. it is . vociferously alleged that, the Railways have acted iHegally in withholding the DCRG amount or retaining a dart thereof in the garb of compliance of the - ; order supra, by expressly violating statutory provision of Rule 9 of Railway Service (Pension) Rules.
5. Learned Counsel for the applicant would draw my attention to Section 60 (a) of Code of Civil Procedure, which poses a bar in attaching gratuity etc. It reads as under :-
_ "60, Praperty liable to-attachmeat and sale in executian of decree ~ "
which specifies what are not liable to such attachment or sale and includes --
(emphasis supplied) _ 'Xg) stipends and gratuities allowed to pensioners of the Government for of a focal authority or of any ether employer], or payable out of any service family pension fund notified in the Officiat Gazette by [the Central Government or the State Government} in this behalf, and, political pensions."
5 4478/3022 Learned Counsel vocifercusly. submits that payable gratuity cannot be attached under any provision.
6, it is noticed that, the concerned respondent authorities are yet to justify their action and pass an appropriate order in consideration of the. representation dated 26.05.2022 (annexed at Annexure-A/7 to the DA}, as to - why the applicant would not be entitled to release of the entire withheld amount of DCRG and unless itis paid, the applicant would not be ina pasitian to pay off his dues.
7, Therefore, in the interest of justice, this OA is disposed of with a direction upon the competent authority to consider the pending representation, to release the withheld retiral dues of the applicant keeping in mind that the retiral benefits of an employee are not attachable and there js no decree upon the Railways to withhold the payable retiral dues of the applicant.
8. Order be issued within a period of 3 months from the date of receipt of a copy of this order.
9, The applicant shall be granted all his due retiral benefits in accordance with law, 10, The OA accordingly stands disposed of. No costs, : ee (Bidisha Banerjee) Member (J) gi