Senior Regional Manager Food Corporation Of India v. Raghubir Prasad
2003-12-10
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2003
DigiLaw.ai
Judgment 1. The Senior General Manager has filed this letters patent appeal challenging the order dated 24 September 2003 in CWJC No. 7423 of 2003 : Raghubir Prasad vs. Union of India & Ors considered along with MJC. No. 1939 of 2003. The last was a contempt action. No order or judgment as such of the learned judge in the writ petition or arising out of the writ petition is challenged with a prayer that it be set aside. 2. The only aspect which aggrieves the person who has filed the appeal, the Senior Regional Manager, is that he has been made liable to pay a cost of Rs. 1000/- from his pocket as a special cost. It was awarded for the inaction in not delivering retiral dues to the Assistant Manager at the time of his retirement. It is on record that whatever was paid was the result of a proceeding pending at the High Court and upon issue of notice on the writ petition. The delay entailed a contempt action. Ultimately, it took a writ petition and a contempt application to deliver the relief to the retiring Assistant Manager. 3. This is the same old disease which has afflicted public establishments in Bihar some times they are the State government departments and some times they are public sector undertakings. This time it is a central public sector undertaking. As the malaise is common the disease has affected the bureaucracy, who managed the administration not paying retiral dues to its employees and making them run around to go to the High Court and arrange for it, is the style. 4. The Senior Regional Manager could arrange to file a defence in the writ petition when on the day of the notice, admittedly, the Assistant Manager had not received his retiral dues. He took the notice on the writ petition and a contempt action to deliver the benefit to him. 5. There is no irregularity or illegality to occasion interference in a letters patent appeal. In fact, it is a matter of public concern that for the people in Bihar, specially the class III & IV employees, their retiral dues unless the High Court orders it so. 6.
5. There is no irregularity or illegality to occasion interference in a letters patent appeal. In fact, it is a matter of public concern that for the people in Bihar, specially the class III & IV employees, their retiral dues unless the High Court orders it so. 6. A faint defence was taken that this particular Assistant Manager had not given his option whether he would be governed by the Central Government service conditions or the Food Corporation of India service conditions. This is a petty matter which is being raised after his retirement. Nothing stops the Food Corporation of India in delivering the dues whatever the Food Corporation of India feels he ought to get option or no option. If the employee claims yet more then perhaps there would be an issue. 7. Filing this appeal is perhaps even more inappropriate. Who will pay the cost of filing this appeal the Senior Regional Manager or the public sector undertaking? The court leaves this question unanswered. 8. Dismissed.