Devendra Prasad Arya vs Managing Director, Kumaun Mandal Vikas Nigam Limited, Nainital And Others

Ramesh Ranganathan, CJ

Heard Mr. R.S. Sammal, learned counsel for the petitioner and Mr. Sandeep Kothari, learned Standing Counsel for the respondents, and, with their consent, the writ petition is disposed of at the stage of admission.

The jurisdiction of this Court has been invoked by the petitioner seeking a writ of mandamus directing the respondents to pay his retiral dues, including gratuity and other benefits, w.e.f. 31.07.2016 i.e. from the date when he retired from service; and for a mandamus directing the respondents to pay him compensation on account of mental harassment.

Facts, to the limited extent necessary, are that the petitioner joined the services of the respondent-corporation on 21.02.1981 as a Junior Engineer. Thereafter, he was promoted as an Assistant Engineer, and attained the age of superannuation on 31.07.2016 while working in the said post. His grievance is that he has not been paid his retiral dues. Among the other benefits which the petitioner claims are those detailed in paragraph 6 of the writ affidavit, wherein the petitioner contends that a sum of Rs.2000/- per month was being deducted from his salary from 1995 till 2016 when he retired from service; and though he was continuously requesting the respondents to inform him of the basis for deducting this sum of Rs.2000/-, no reply was forthcoming from the respondents. In their counter-affidavit, the respondents do not deal with this contention regarding Rs.2000/- being deducted, each month, from the petitioner's salary.

In their counter affidavit, the respondents state that the petitioner was placed under suspension by order dated 18.05.2013, pending disciplinary proceedings; while executing civil construction work, a sum of Rs.1,15,50,000/- was taken as advance which was never adjusted; the petitioner had failed to account for the same; the second charge was that he had made payment of more than Rs.20,000/- through cash, though such payments were required to be made only by way of cheque; the disciplinary proceedings finally culminated on 07.10.2017; since a sum of Rs.8,65,960/-, and Rs.6,92,958/, were still shown to be lying as advance, which the petitioner could not account for, the said amount was directed to be deducted from his post retiral benefits; while the petitioner's post retiral benefits was computed as Rs.18,89,015/-, after deducting the advance amount of Rs.11,60,352/-, the balance amount, after deduction of Tax, was paid to the petitioner; a sum of Rs.7,93,463/- was directed to be paid, and was received by the petitioner on 04.10.2018; while the order dated 07.10.2017 records that an advance of around Rs.15.00 lakhs had not been accounted for, after passing the order, certain adjustments were made; and finally a sum of Rs.11,60,352/-was deducted.

In the rejoinder affidavit filed thereto, the petitioner does not dispute that the respondents were entitled to adjust the advance amount. He, however, claims that, even after such adjustment, a sum of Rs.9.58 lakhs is still due and payable to him. He further claims that Rs.2,66,436/- is due and payable to him by the Corporation; and no explanation has been furnished for deducting Rs.2,000/- per month from his salary ever since 1995.

It is evident, from a bare reading of the counter affidavit, that the respondents have not dealt with the petitioner's claim regarding deduction of Rs.2000/-, each month from his salary, from 1995 onwards. While the petitioner, no doubt, claims, in his rejoinder affidavit, that a sum of Rs.9.58 lakhs and Rs.2,66,436/- are payable to him, he has not furnished the basis on which such claims are based.

Since the exercise, of computing the petitioner's retiral benefits, is required to be undertaken by the Corporation, and are not matters for examination in judicial review proceedings under Article 226 of the Constitution of India, we consider it appropriate to permit the petitioner to make a representation to the first respondent furnishing details of the basis on which he claims certain amounts as due and payable to him. The said representation shall be filed within three weeks from today. On the petitioner submitting such a representation, the respondent-corporation shall have the petitioner's claim examined, and thereafter pass a reasoned order dealing with all his claims. The respondents shall communicate the said order to the petitioner within six weeks from the date of receipt of the petitioner's representation. In case, the Corporation is satisfied that any amount is due and payable to the petitioner, then they shall make payment of the said amount within four weeks from the date on which a reasoned order is passed.

The writ petition is disposed of accordingly. No costs.

Let a certified copy of this order be issued to the learned counsel for the parties, by 02.12.2019, on payment of the prescribed charges.