SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Asmita Kabra (Dr.) - Appellant
Versus
Ramjas College - Respondent
W.P.(C) 3987 of 2019
Decided On : 20-12-2022




The court mandates timely disbursement of pension benefits from the approved date, emphasizing the governing body's responsibility for delayed payments.

Headnote:(A) Applicable pension regulations - Governing Body approval - Petition for mandamus filed for release of retirement benefits, including gross pension, commutation, family pension, gratuity, and interest on delayed payments. - Governing Body convened and approved benefits w.e.f. 04.01.2010. (Paras 1-4)

(B) Timeliness of payments - Court directed disbursement of benefits within eight weeks, with interest at 4% per annum from 04.01.2010. (Paras 7, 8)

Facts of the case:
The petitioner's writ seeks pension and retirement benefits due since January 2010, which were delayed due to the absence of a valid Governing Body. The Governing Body subsequently met and approved the benefits.

Findings of Court:
The court found the petitioner's grievances resolved upon the Governing Body's decision and mandated timely disbursement of approved benefits.

Issues: The primary issues encompassed the lack of a governing body affecting retiral benefits and the need for timely disbursement of those benefits.

Ratio Decidendi: The court emphasized the need for prompt action by the institution's governing body to resolve pension-related matters and ordered necessary payments, indicating the importance of administrative responsibility in handling retiree benefits.

Result: Writ petition allowed.

JUDGMENT

Jyoti Singh, J. (Oral)--Present writ petition has been filed seeking the following reliefs:

    "a. Issue a writ of mandamus, or any other appropriate writ, order or direction to the Respondents to take all appropriate steps for the release of the pension and all other related retirement benefits accruing in favour of the Petitioner, including at least the following payments:

    i. Gross Pension of Rs.25,360 per month,

    ii. Amount of Commutation Pension of Rs.11,02,374,

    iii. Pension after commutation of Rs.15,216 per month,

    iv. Normal Family Pension of Rs.15,216 per month,

    v. Enhanced Family Pension of Rs.25,360 per month,

    vi. Interest on delayed payment of pension @ 12% per annum, compounded annually,

    vii. Retirement Gratuity of Rs.7,98,840,

    viii. Interest on delayed payment of Gratuity @ 12% per annum, compounded annually,

    ix. Interest on delayed payment of Leave Encashment @ 12% per annum, compounded annually,

    x. Pendent lite and future interest on

    b. Pass any such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interest of justice."

2. On the last date of hearing, Mr. Anurag Mathur, learned counsel appearing on behalf of Respondent No. 1 had submitted that decision could not be taken in respect of the retiral benefits of the Petitioner as there was no validly constituted Governing Body and sought a period of two weeks to take a decision in the matter since the Governing Body has now been constituted.

3. Pursuant to the last order, Mr. Mathur, learned counsel for Respondent No. 1 submits that the meeting of the Governing Body has been held on 15.12.2022 and hands-over a copy of the extracts of the Minutes dated 16.12.2022, which has been taken on record and relevant part of the same reads as follows:

    "Item No. 25: In any other matter

    Item No. 03: To report, consider and approve the case of Dr. Asmita Kabra regarding pension benefits given to her w.e.f. 4 January, 2010. CWP No. 3987 of 2019 Dr. Asmit Kabra Vs. Ramjas College and Anr..

    Governing Body resolved and approved the pension benefits of Dr. Asmita Kabra be given w.e.f. 04th January, 2010 as per status report submitted by Section Officer and Principal Ramjas College (as per the University of Delhi letter dated 06.08.2015 fine no. CS-I(II)Misc. (TS).RJC.2015/193) dated 14th December, 2022."

4. From the Minutes of the meeting, it is evident that the Governing Body has approved the grant of retiral benefits to the Petitioner w.e.f. 04.01.2010. Mr. Mathur, submits that the entire benefits due to the Petitioner shall be disbursed positively within a period of eight weeks from today.

5. At this stage, Mr. Jawahar Raja, submits that the grievance of the Petitioner stands redressed, however, the Petitioner be provided with the copy of the Status Report dated 14.12.2022, which finds a mention in the Minutes dated 16.12.2022.

6. Mr. Mathur, learned counsel for Respondent No. 1 submits that copy of the Status Report shall be supplied to learned counsel for the Petitioner within a period of two weeks from today. Let the needful be done within a period of two weeks from today.

7. Writ petition is allowed directing Respondent No. 1 to disburse the retiral benefits to the Petitioner within a period of eight weeks from today along with interest @ 4 % per annum from 04.01.2010 till the date of actual payment.

8. Writ petition stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top