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2004 Supreme(Del) 670

High Court Of Delhi
G.S.VOHRA - Appellant
Versus
CHAIRMAN, FCI - Respondent
W.P.(C.) 603 of 1991
Decided On : 08/26/2004

Advocates Appeared:
Anil Kumar, B.B.GUPTA

Headnote:Service – pension - Section 8 of Payment of Gratuity Act, 1972, Payment of Pension Act, Article 14, 41 and 226 of Constitution of India, Rule 68 of CCP (Pension) Rules, 1972 and Industrial Disputes Act, 1947 – dispute relates to calculation and payment of pension to petitioner – amount due of suspension period not paid to petitioner rather he was dismissed – writ filed against dismissal allowed and Order passed – payment delayed – on account of delay interest paid only on gratuity – petitoner claims higher interest on all benefits – respondent questioned maintainability on grounds of time bar and jurisdiction of Court under Article 226 as other remedy available – under Article 226 jurisdiction not completely barred on account of availability of alternative remedy – petitioner approached Court without undue delay - petition not barred on account of limitation –writ petition allowed – respondent to pay amounts within four weeks.

( 1 ). PENSION is not only a compensation for services rendered in the past but it is also a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess is ebbing corresponding to aging process and, therefore, one is required to fall back on savings. Keeping this in mind the Courts have held time and again and have hoped that pension and other amounts would be paid within a reasonable short time on retirement, leaving the employee to counter penury and economic destitution.

( 2 ). The defaults in payment of pension and. other retirement benefits, however, continue unabated. The present case is yet another instance where, the pension, gratuity and other amounts were not paid in time despite the fact that the petitioner superannuated on 31. 10. 1982 and payments were made in 1987 after order of dismissal from service was set aside with consequential benefits on 28th January, 1985.

( 3 ) THE relevant facts in brief are that the petitioner joined as Junior technical Assistant in Ministry of Food and Agriculture and he was holding the post of senior godown keeper. He was transferred to Food Corporation of India on 1st March, 1969. During his service with Food corporation of India when he was working as District Manager, FCI, hissar, petitioner was suspended on 24. 4. 1974. The suspension was, however, revoked on 29. 4. 1976. On revocation of suspension, full amount of pay during the suspension period was, however, not paid to the petitioner. He was rather dismissed from service on 7. 3. 1979. The petitioner challenged his order of dismissal from service and filed a writ petition No. CWP No. 42 of 1981. The writ petition challenging the dismissal of the petitioner was allowed on 28. 1. 1985. While allowing the writ petition the Hon ble court was pleased to hold as under :-

"the impugned orders dated 7. 3. 1979 of Sh. B. C. Gangopadhyay, managing Director, 8. 8. 1979 of Sh. K. V. Seshadri, Managing director and 10. 7. 1980 of Brig. Harnam Singh, Manager are hereby quashed with all consequential benefits. It will be open to FCI to take appropriate decision in accordance with the Act and the law including the passing of the order of superannuation on due date of retirement in October, 1982. On the facts and circumstances, I make no order as to costs. "

( 4 ) THE order dated 28. 1. 1985 was passed after writ petition was contested by the respondents. A certified copy of the order was also sent by the petitioner to Food Corporation of India on 28. 2. 1985. Despite this respondents did not pass an appropriate order of superannuation of petitioner nor paid consequential benefits to the petitioner within a reasonable time in terms with order dated 28th January, 1985. The petitioner, therefore, had to make representations to the respondents to pass the appropriate order and pay his consequential benefits. Petitioner sent representations dated 8. 3. 1985; 29. 3. 1985; 3. 10. 1985; 5. 11. 1985; 3. 1. 1986 and 11. 8. 1986 to the respondents demanding his consequential benefits. The petitioner in his representations categorically contended that he is a poor man who has suffered great financial hardships and difficulties during all these years. Despite a number of representations, for almost two more years nothing was done by respondents. Thereafter on 7. 1. 1987 an office order was passed regarding superannuation of petitioner from the service of Food Corporation of India w. e. f. 31. 10. 1982 (A. N. ). By said office order dated 7. 1. 1987, the period between dismissal from service and superannuation (7. 3. 1979 to 31. 10. 1982) had been regularized to duty period and it was observed that the payments due to the petitioner be made as per rules after making adjustment of payments, if any, already released to him.

( 5 ) THE petitioner was entitled for payment of arrears of salary, pension, gratuity, leave encashment etc. within a reasonable period after order dated 28th May, 1985 was passed


















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