Calcutta High Court (Appellete Side)
Sabdarnagar Education And Welfare ... vs Union Of India & Ors on 23 December, 2024
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
23.12.2024
Ct. 23
M/L 52
ab
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 24782 of 2024
Sabdarnagar Education and Welfare Society & Ors.
-Vs-
Union of India & Ors.
Mr. Daipayan Sengupta,
Mr. Victor Chatterjee,
Mr. Biswajit Porel
... for the petitioners
Mr. Dipankar Das
... for the Airports Authority of India
Affidavit of service filed in Court today is taken on
record.
The petitioner no. 1 is a Society registered under
the West Bengal Societies Registration Act, 1961. It is a
Charitable Society. According to the writ petitioners,
overwhelming majority of the members of the Society
are serving employees and retired employees of the
Airports Authority of India (in short, 'AAI'). The
petitioner nos. 2 to 6 are working for gain at the office of
the Regional Executive Director (Eastern Region), Netaji
Subhas International Airport, Kolkata and are
employees of AAI.
The petitioners have ventilated their grievances
against a Circular issued by AAI on 22nd August, 2024
by which contributions of AAI to the Employees' Defined
Contribution Pension Scheme (in short, 'EDCPS') for
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various years are found to be nil whereas in respect of
some of the years, contributions are at different rates. It
appears from the said Circular that from January, 2017
to March, 2017 contribution of AAI is 10%, contribution
for year 2017-18 is 10% whereas contributions for the
years 2018-19, 2019-20, 2020-21 are nil while
contribution for the year 2021-22 is 2.339%,
contribution for the year 2022-23 is 8.617% and the
contribution for the year 2023-24 is 5%. The petitioners
say that the variance in percentage in contribution to
the EDCPS and that in respect of three years ( 2018-19,
2019-20 and 2020-21) being nil remains unexplained.
This Circular, as stated by the petitioners, was received
in reply to a query made under the Right to Information
Act, 2005.
On behalf of AAI, it is submitted that the
contributions are fluctuating and in some of the years,
it is nil because of the financial health of AAI in those
years were such that AAI did not have sufficient reserve
funds. AAI have provided for the amount as available
and did not deposit when funds were not available. In
those years where the reserve funds are insufficient, no
contribution has been made by AAI. It is also submitted
on behalf of AAI that there were similarly situated
employees of AAI. In the process of granting the said
employees the benefit of the Scheme, it had transpired
to the AAI that in those years where AAI have not been
3
able to make much profit, the contributions have got
reduced while for the years where there were no profit,
the contribution is nil. The fact remains that a decision
in 2024 said to be taken by the Board of Directors of
AAI is subsequent to the financial years reflected in the
said Circular dated 22nd August, 2024. The
contributions for the years 2018-19 and 2019-20 ought
to have been credited to the required account but have
not been done at right time. This has led to a
subsequent decision of 2024 by which the contributions
of AAI to EDCPS have been modulated.
In the aforesaid facts and circumstances, let the
respondents and in particular, AAI shall file a report in
the form of an affidavit dealing with the grievances of the petitioners and stating the relevant facts and the necessary documents required for adjudicating the issues involved. The direction is given subject to the writ petitioner no. 1 being able to substantiate its nexus with the contributions of AAI to EDCPS to the employees of AAI.
Let such report in the form of an affidavit be filed by 22nd January, 2025 with a copy to the learned advocate for the petitioners. Exception thereto, if any, be filed by 30th January, 2025.
Let this matter appear in the Combined Monthly list of February, 2025.
(Arindam Mukherjee, J.)