Karnataka High Court
The Bharat Sanchar Nigam Limited vs Smt. Sharada R S on 30 July, 2024
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NC: 2024:KHC:30041-DB
WP No. 14322 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 14322 OF 2023 (S-CAT)
BETWEEN:
1. THE BHARAT SANCHAR NIGAM LIMITED,
REP. BY ITS CHAIRMAN
AND MANAGING DIRECTOR,
CORPORATE OFFICE (PERSONNEL -II SECTION),
BHARAT SANCHAR BHAVAN,
4TH FLOOR, JANPATH,
NEW DELHI - 110 001.
2. THE DIRECTOR VIGILANCE,
BHARAT SANCHAR NIGAM LIMITED,
CORPORATE OFFICE,
BHARAT SANCHAR BHAVAN,
Digitally 4TH FLOOR, JANPATH,
signed by K G
RENUKAMBA NEW DELHI - 110 001.
Location:
High Court of 3. THE CHIEF GENERAL MANAGER TELECOM,
Karnataka
KARNATAKA CIRCLE,
NO.1, SWAMY VIVEKANANDA ROAD,
HALASURU, BENGALURU - 560 008.
4. THE GENERAL MANAGER TELECOM,
CHITRADURGA TELECOM DISTRICT,
DEVARAJ URS LAYOUT,
DAVANGERE - 577 006.
...PETITIONERS
(BY SRI. Y HARIPRASAD, ADVOCATE)
AND:
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WP No. 14322 of 2023
1. SMT. SHARADA R S,
AGED ABOUT 57 YEARS,
W/O SRI CHANDRASHEKAR T,
JUNIOR TELECOM OFFICER,
LEASED CCTS,
O/O AGM INTERNAL BSNL CENTRE,
MAX-I BUILDING, P B ROAD,
DAVANGERE - 577 002.
(VOLUNTARILY RETIRED UNDER BSNL VRS 2019)
RESIDING AT NO.1394,
OPP. CMC PARK GATE ROAD,
NEAR SC/ST HOSTEL,
SARASWATHI NAGAR,
DAVANGERE - 577 004.
MOBILE NO.: 9449855537
2. THE CONTROLLER OF COMMUNICATION ACCOUNTS,
KARNATAKA, 1ST FLOOR, AMENITY BLOCK,
CMX COMPOUND, PALACE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. P A KULKARNI, ADVOCATE FOR R1,
SRI. B PRAMOD, CGC FOR R2)
THIS WP IS FILED PRAYING TO ISSUE WRIT OF
CERTIORARI AND QUASH THE ORDER DATED 11/11/2022 PASSED
IN ORIGINAL APPLICATION NO.170/00382/2020 AT ANNEXURE-A,
SO FAR AS ONLY TO THE EXTENT OF GRANTING THE INTEREST
AT THE GPF RATE GRANTED TO THE 1ST RESPONDENT, WHILE
DISBURSING WITH THE SERVICE BENEFITS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
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WP No. 14322 of 2023
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The present petition has been filed by the Bharat Sanchar Nigam Limited ('BSNL' for short) and its functionaries challenging the order dated 11.11.2022 passed by the Central Administrative Tribunal, Bengaluru Bench ('the Tribunal' for short) in Original Application No.170/00382/2020, whereby the Tribunal has directed the petitioners herein in paragraphs No.10 and 11 as under:
"10. In the result, the respondents are directed to issue final order of retirement and to release monetary benefits due to the applicant in terms of BSNL Voluntary Retirement Scheme 2019 notified by BSNL R-1 under No.1-15/2019-PAT (BSNL), dated 04.11.2019 (Annexure A1) along with GPF rate of interest till the date of payment.
11. The compliance of this order shall be made by the respondents in an expedite manner, in any event not later than 12 weeks from the date of receipt of a certified copy of this order. No order as to costs."
2. The only challenge to the order of the Tribunal is in respect of grant of GPF rate of interest on the monetary benefits that were due to the 1st respondent. -4-
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3. The submission of learned counsel for the petitioners is, the Tribunal could not have granted the interest as has been granted in the impugned order. In support of his submission, he has relied upon the following judgments to contend that the Co-ordinate Bench of this Court has not granted interest even though the payments made thereof were delayed:
i) P. Sreenivasa -Vs.- Bharat Sanchar Nigam Limited and Others [WP No.6241/2017, decided on 10.08.2021];
ii) Union of India -Vs.- A. Francis Royan [WP No.5557/2020 connected with WP No. 13113/2020, decided on 09.02.2021]
4. Having noted the fact in as much as the respondent No.1 had given the notice for voluntary retirement, which has been accepted by the petitioners, it was expected that the petitioners shall release the retrial benefits including the Gratuity and leave encashment to the 1st respondent immediately thereafter. It appears that the petitioners have not released the payments because of the -5- NC: 2024:KHC:30041-DB WP No. 14322 of 2023 issue of caste certificate, which is pending consideration with them. The petitioners having accepted the request of respondent No.1 for voluntary retirement, the necessary consequence is, monetary benefits are required to be released in favour of respondent No.1.
5. The plea of learned counsel for the petitioners is, the notice for voluntary retirement was accepted subject to their decision on the caste certificate. This submission is without any merit, moreso when it is the stand of the petitioners in the Writ Petition (at page No.3 of the petition) that they have paid entire benefits to the respondent except interest granted by the Tribunal. If that be so, the benefits having been released after the order of the Tribunal, the delay occurred would necessarily entail interest in favour of the respondent.
6. We find that the Tribunal has limited the interest as per the GPF rate of interest. If that be so, in the facts of this case, the judgments as sought to be relied upon by the learned counsel for the petitioners have no applicability, -6- NC: 2024:KHC:30041-DB WP No. 14322 of 2023 moreover award of interest is a discretionary relief to be granted by a Court. In this case, the Tribunal having granted the interest at GPF rate, we are of the view that the impugned order does not call for any interference.
7. Accordingly, the Writ Petition is dismissed.
8. The order of the Tribunal for grant of interest shall be implemented within a period of twelve weeks from today.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(RAJESH RAI K) JUDGE PA List No.: 1 Sl No.: 37