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1993 DIGILAW 469 (PAT)

Narendra Kumar Verma v. Chairman-cam-managing Director Bsrt Corporation

1993-11-04

B.C.BASAK, N.K.SINHA

body1993
Judgment B. C. Basak, N. K. Sinha, JJ. 1. This is usual application by an employee of the Bihar State Road Transport Corporation which has been described by us as a "habitual defaulter" regarding the payment of retirement benefits. It is high time to describe that this organisation is not merely a habitual defaulter but a "confirmed" defaulter in this regard. Not only that that they do not pay the retirement benefit and make some payments after writ petitioners are filed but then again also for balance payment they take up all kinds of excuses, 2. The petitioner retired with effect from 31/8/1991. He has filed this petition for his retirement benefit on 12/8/1992. After such writ petition was filed certain payments were made as would appear from the counter-affidavit (paragraph 10) peculiarly enough it is stated in paragraphs 6 and 7 therein that certain penalty was imposed and realisation of amount directed two years after such date of retirement without giving any details as to such proceeding or whether the petitioner participated or any charge-sheet was issued. In any event nothing has been shown as to how such punishment could be imposed in such a manner after such retirement. Accordingly we reject the contention of the respondents and set aside the decision of awarding punishment to the petitioner for realisation of the amount as specified in paragraphs 6 and 7 of the counter-affidavit affirmed by the Chief of administration of the Corporation on 9/9/1993. The gratuity and other dues of the petitioner shall be calculated on such basis and payment made to. him within 18th November, 1993 along with interest at the rate of 15 per annum to be calculated from the date of retirement till the date of respective payment. 3. The petitioner shall also he entitled to cost of Rs.2,000.00 in view of the mala fide stand taken in the counter-affidavit. The interest and cost along with chart showing calculation of interest shall be paid by 30th november, 1993. 4. With the above observations this application is disposed of. Application disposed of.