Shib Sankar Sharma v. The Calcutta State Transport Corporation
2010-10-05
TAPEN SEN
body2010
DigiLaw.ai
Judgment :- Tapen Sen, J 1. In this Writ Petition, the Petitioner, Shib Shankar Sharma prays for an Order commanding upon the Respondent Nos. 1 to 4 to refer the case of the Petitioner to the Medical Board and to allot light duty till the Report of the Medical board is not received. 2. The Petitioner is a Driver of the Calcutta State Transport Corporation posted at the Manicktala Depot and has been allotted an identity vide Driver No. 3265. According to him, he became partially and physically handicapped as a result whereof, he was unable to perform heavy duties. The Petitioner has stated that he submitted a Representation before the Respondent No. 4 on 13.7.2007 stating that he was continuing treatment at the Hospital and accordingly, prayed for light duties. 3. The Petitioner submitted Representations on various other dates with similar prayer for light duties. 4. Learned Counsel for the Petitioner argued that although the Petitioner was medically advised not to undertake heavy duties as would be evident from the various prescriptions brought on record, yet he was allowed light duties only for 210 days as would be evident from para-7 of the Affidavit-in-opposition. On 3.2.2009, the Deputy Managing Director issued a letter to the Depot Manager of Manicktala Depot and requested him to ask the Petitioner to perform routine duties as usual or to take retirement on physical grounds as per the Order of the Chairman. This would be evident from Annexure- P/9 of the Writ Petition. 5. During the course of arguments, Mr. L.C. Behani, learned Counsel appearing for the Corporation stated, on the basis of a signed instruction given to him by the Managing Director on 14.7.2010 that the Petitioner had entered into service of the Corporation on 18.12.1979. Till 30.6.2010, his total length of service would have been 30 years had he retired on 30.6.2010 on physical grounds. If he accepted the retirement on physical grounds then he would be entitled to the following approximate benefits as per the Rules prevailing in the Corporation. These would include:- (a) Contributory Provident fund upto March 2009 (including employers and employee’s own share) Rs. 2,58,170/- (b) Gratuity upto June 2010 Rs. 1,86, 144/- Apart from the aforesaid sum of Rs. 4,44, 314/- (Rs. 2,58,170/- + Rs.
These would include:- (a) Contributory Provident fund upto March 2009 (including employers and employee’s own share) Rs. 2,58,170/- (b) Gratuity upto June 2010 Rs. 1,86, 144/- Apart from the aforesaid sum of Rs. 4,44, 314/- (Rs. 2,58,170/- + Rs. 1,86, 144/-), it was further stated in the said written instruction that the Petitioner did not intimate his option as to whether he would join or retire and went on absenting from duty. It was further stated that since alternative job or further light duty could not be given, therefore, relief in terms of the judgment/Scheme formulated by the Supreme Court in the case of Anand Bihari and others reported in AIR 1991 SC 1003 would be calculated amounting to Rs. 2,06, 368/- i.e. 2 months’ salary per year of the balance of his service. In the instant case they have stated that as per his date of birth recorded as 1.7.1958 he would retire on 30.6.2018 and if he had retired on 30.6.2010 due to physical grounds then he would have had 8 more years as balance service. Therefore, 2 months’ salary per year would have come to Rs. 12,898/-. This, as per the Scheme would be multipliable by 16 giving the figure of 2,06,368/-. 6. The aforesaid stand taken by the Respondent does not appear to be unreasonable. Upon being asked, the learned Counsel for the Petitioner also submitted that if adequate compensation was given, then he would have no objection to the disposal of the Writ Petition on such terms. 7. Consequently, the Writ Petition is disposed of by directing the Respondents to pay the sum of Rs. 6,50,682/- (Rupees six lakh fifty thousand six hundred eighty two) to the Petitioner and allow him to voluntarily resign from service. However, since the Petitioner has become physically disabled, this Court directs the Respondents to pay to him a further lumpsum compensation which, according to this Court, should be quantified at Rupees One Lakh only. This, according to this Court, would be an adequate compensation. 8. On receipt of the aforesaid sum of Rs. 7,50,682/-, the Petitioner would be allowed to take retirement from the Corporation on physical grounds and in accordance with law. 9. With the aforesaid observations and directions, the Writ Petition stands disposed of. Upon appropriate Application(s) being made, urgent Certified copy of this Judgment, may be given/issued expeditiously subject to usual terms and conditions.