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2010 DIGILAW 513 (JHR)

Sidheshwar Prasad Vidyarthi v. Central Coalfields Ltd. Ranchi

2010-04-21

D.G.R.PATNAIK

body2010
Order Heard the learned counsel for the parties. 2. As it appears from the pleadings of the petitioner and the grievance as explained by him, it appears that he has not been paid the salary for the period of his suspension and was also not paid the retiral dues promptly and though subsequently the retiral benefits including Gratuity has been paid to him at a much later date but no amount of interest was paid to him. 3. The further grievance of the petitioner is that a sum of Rs. 1,23,280/- was wrongly deducted from him by way of penal rent for his occupation of the house post retirement and also for non-payment of ex gratia amount for the period of suspension. 4. As it appears from the admitted facts, on the ground that the petitioner was convicted in a criminal case, he was remanded to judicial custody and he was placed under suspension by his employer, namely, the Respondents. His suspension continued and during the period of his suspension, he had superannuated from service. Much later, a charge was framed against him but the proposed departmental proceeding was not commenced on the ground that the Appeal, which the petitioner had preferred against the judgment of his conviction by the trial court in the criminal case, was pending. Ultimately, the petitioner had secured his acquittal in the criminal case. The petitioner, thereafter submitted his representation claiming payment of salary for the period commencing from the date of suspension till the date of his retirement and also for payment of ex gratia amount as per the Rules of the Respondent-Company and further, to refund him the amount of penal house rent, which according to him has wrongly been deducted. 5. As rightly pointed out by the learned counsel for the petitioner, since no order in any departmental proceeding against the petitioner was passed holding him guilty of any charge of misconduct and no specific order was passed as to whether during the period of suspension, the petitioner would be entitled to any salary or not, the petitioner cannot possibly be denied the privilege of salary for the suspension period. Likewise, if the Rules of the Company do provide for payment of the ex gratia amount, then the petitioner has certainly a right to claim payment of ex gratia amount for the period of suspension. Likewise, if the Rules of the Company do provide for payment of the ex gratia amount, then the petitioner has certainly a right to claim payment of ex gratia amount for the period of suspension. As regards the deduction of penal house rent, it is not disputed that according to the conditions of service and conditions of allotment of the Company's Quarter, the employee was bound to vacate the quarter within one month from the date of his retirement. Admittedly, the petitioner had overstayed for certain more period and therefore, the Respondent-Company may have a right under the Rules, to realize rent at any enhanced rate as per the terms and conditions of allotment of the quarter. However, before realizing any penal house rent, the Respondents authorities were obliged to give a detailed statement of the amounts so recovered. 6. Considering the above facts and circumstances, this writ application is disposed of with a liberty to the petitioner to file. a fresh representation before the concerned authorities of the Respondents, raising all claims including his claim for promotion and leave encashment etc. and annexing whatever relevant documents in his possession in support of his claim and within two months from the date of receipt of the representation, the concerned authorities of the Respondents shall consider the claim of the petitioner and take an appropriate decision on the same, assigning reasons within two months of the date of receipt of the representation. If it is found that the petitioner is genuinely entitled to the claim of any benefit, as demanded by him, the Respondents-authorities shall assess the total amounts payable to the petitioner and shall release such payments to him within one month from the date of the decision taken on the petitioner's representation. 7. Let a copy of this order be given to the learned counsel for the Respondents.