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2022 DIGILAW 238 (TRI)

Bhabatosh Chandra Dey v. Tripura Rehabilitation And Plantation Corporation Limited

2022-05-18

S.TALAPATRA

body2022
JUDGMENT S. Talapatra, J. - Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Sarkar, learned counsel appearing for the respondents No. 1, 2 & 3 and Mr. P.K. Ghosh, learned counsel appearing for the respondent No. 4. 2. This writ petition is the sequel of the previous writ petitions. The petitioner had filed the first writ petition being WP(C) No. 1347 of 2016 challenging the departmental proceeding which was drawn up by the memorandum dated 04.12.2020 [Annexure-P/4 to that writ petition] on a series of imputations and misconduct, spread over in these articles of charge. This court having observed that the said departmental proceeding is absolutely without authority and illegal and cannot stand the scrutiny of law, inasmuch as the Principal Secretary, General Administration (Administrative Reforms) Department, Government of Tripura did not have any authority and control over the petitioner who had been an employee of Tripura Rehabilitation Plantation Corporation Ltd., for short TRPC Ltd. (the respondent No. 2 herein). 3. In that proceeding, the counsel for the corporation had submitted that pension of the petitioner cannot be released under the Form 10D and Form 19 unless those are forwarded to the EPF Commissioner. Accordingly, the Corporation respondents had contended that the petitioner might be advised to submit the claim form through his formal employer to derive both the benefits under the EPF and MPF Act, 1952 and also other benefits from the TRPC Ltd. 4. It was directed to release the financial benefits including pension to the petitioner as per entitlement within three months. Even though, the said judgment was not challenged by the respondents, but they did not pay any financial benefit as at the relevant point of time, the petitioner was defending himself against the criminal prosecution being GR Case No. 334 of 2009 under Section 409 IPC. 5. The petitioner, as a matter of fact, was convicted by the Judicial Magistrate, First Class, Kailashahar, Unakoti Judicial District in the said case and later on, the said judgment was reversed by the judgment and order of acquittal dated 19.12.2019 passed in Criminal Appeal No. 04(02) of 2019. As a result, the petitioner was relieved of the scourge of the judgment of conviction. 6. As a result, the petitioner was relieved of the scourge of the judgment of conviction. 6. It may be noted that the judgment of the Sessions Judge, whereby the petitioner was acquitted from the charge under Section 409 IPC was challenged by the State by an appeal under Section 378 (3) of the CrPC being Criminal Appeal No. 21 of 2020. The said appeal was dismissed by the judgment dated 02.12.2021. 7. Today, Mr. Bhattacharjee, learned counsel appearing for the petitioner has placed a copy of that order before this court. According to the petitioner, he is entitled to pension under the scheme of the TRPC Ltd. which had been introduced in collaboration with the Life Insurance Corporation of India Ltd., LICI, for short (the respondent No. 4 herein). 8. As the petitioner did not get any benefits in terms of the judgment dated 21.12.2017, he had filed another writ petition being WP(C) 24/2019. By the order dated 08.04.2019 the following direction was issued by this court: 'I direct the respondents to consider and dispose of the representations of the petitioner keeping in mind the judgment dated 21.12.2017 passed in WP(C) No. 1347 of 2016, in accordance with the existing law prevalent in the TRPC Ltd., within a period of two months from the date of receipt of a copy of this order.' But no positive result yielded. 9. On 29.06.2019, the petitioner received a communication (Annexure-12 to the writ petition) disposing his representations dated 12.10.2018, 18.08.2018 & 04.12.2018. The crux of the decision is available in para 7 of the said communication dated 29.06.2019. It has been observed in the said passage that as per the settled principle of law and as per CCS (Pension) Rules, the Gratuity and Leave Salary cannot be released to the petitioner as he had been convicted by the Judicial Magistrate, First Class, Kailashahar, Unakoti Judicial District for misappropriation of huge money of the Corporation amounting to Rs. 18,16,000/- as Field Supervisor along with another Parendra Debbarma, TFS, the then Deputy Manager, TRPC Ltd., North Zone. 10. It is undisputed that the petitioner has been relieved of the scourge of conviction as the Sessions Judge reversed the judgment dated 28.03.2019 by which the petitioner was convicted under Section 409 IPC and the said order of reversal has not been interfered with by this court in the appeal against acquittal. 10. It is undisputed that the petitioner has been relieved of the scourge of conviction as the Sessions Judge reversed the judgment dated 28.03.2019 by which the petitioner was convicted under Section 409 IPC and the said order of reversal has not been interfered with by this court in the appeal against acquittal. Therefore, the petitioner is entitled to the benefit for his retirement. 11. Mr. Sarkar, learned counsel appearing for the respondents No. 1, 2 and 3 has stated that the petitioner cannot be entitled to any pension as the scheme that was introduced by the TRPC Ltd., has been recalled with retrospective effect as the Government of Tripura has refused to provide any fund for that purpose. 12. Mr. Sarkar, learned counsel today has produced a communication of the Life Insurance Corporation of India dated 05.02.2020 issued by the Branch Manager (P&GS), LICI, Silchar Divisional Office. In the said communication dated 05.02.2020 it has been clearly stated as follows: 'As per your request the Competent Authority approved the final withdrawal of the Scheme NGCAB-410000436 and accordingly an amount of Rs. 11,70,81,501/- (Rupees Eleven Crore Seventy lakhs Eighty One Thousand Five Hundred and One only) has been disbursed on 13/11/2019 towards Final withdrawal Claim on the basis of Fund Value Available as on 30/09/2019 and again on 16/01/2020 the interest due for the period 01/10/2019 to 13/11/2019 has been disbursed on 13/01/2020 for Rs. 8,89,695/- (Rupees Eight Lakh Eighty Nine Thousand Six Hundred Ninety Five Only).' 13. According to Mr. Ghosh, learned counsel appearing for the respondent No. 4, that for the said disbursal the LIC has taken off their hand from the scheme and nobody will be entitled to get any pension under the scheme anymore and the operation has been withdrawn retrospectively. The said scheme is identified as NGCAB-410000436. 14. Mr. Bhattacharjee, learned counsel appearing for the petitioner has stated that a few persons got the benefit of that scheme. When the petitioner had retired from the Corporation-respondent, the petitioner would have reaped the benefit of that scheme. Mr. Bhattacharjee, learned counsel has also pointed out that the petitioner is not getting any pension from the EPF. 15. 14. Mr. Bhattacharjee, learned counsel appearing for the petitioner has stated that a few persons got the benefit of that scheme. When the petitioner had retired from the Corporation-respondent, the petitioner would have reaped the benefit of that scheme. Mr. Bhattacharjee, learned counsel has also pointed out that the petitioner is not getting any pension from the EPF. 15. There cannot be any amount of doubt that the petitioner will be entitled to pension from EPF but for that purpose, in the earlier writ petition, the Corporation-respondents had requested the petitioner through this court to fill up the requisite forms for forwarding those to the EPF Commissioner. In this regard, Mr. Bhattacharjee could not shed any light from the records. 16. Be that as it may, the petitioner is entitled to the following benefits: (1) Gratuity (2) Leave Salary (3) Pension from the EPF 17. The petitioner shall check and file the claim form for the pension though the Corporation respondent to have the pension from EPF, if the petitioner is not getting the same yet. So far the leave salary and gratuity are concerned, the Corporation-respondents shall release those amounts within a period of three months from today with interest. 18. So far as the leave salary is concerned, the interest will be @5% from the date when the petitioner was acquitted from the charge by the judgment dated 19.12.2019. So far as the gratuity is concerned, the interest will be @7.5% from the said date till the payment is made. 19. It has also been pointed out by Mr. Bhattacharjee, learned counsel that the petitioner is also entitled to some benefits from the Group Saving Life Insurance. This may not be directly the responsibility of the Corporation, but for any reason, if the Corporation has any control over that fund, and the petitioner is entitled to any amount therefrom, that shall also be released during the said period. 20. Having observed thus, this writ petition stands allowed to the extent as indicated above. The records as produced by Mr. Sarkar, learned counsel be returned. There shall be no order as to costs.