THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
Writ Appeal No.1694 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. G.Vidya Sagar, learned Senior Counsel for
the appellants and Mr. M.Ravinder, learned counsel for the
respondents.
2. This intra-Court appeal has been preferred against the final order dated 25.10.2018 passed by the learned Single Judge allowing W.P.No.7929 of 2003 filed by the respondent as the writ petitioner.
3. Respondent had filed the related writ petition for a direction to the appellants to pay the differential amount of VR compensation, surrendered earned leave encashment, encashment of earned and sick leave surrendered at the time of retirement with interest etc. A prayer was made that such benefit should be extended to the respondent at par with the benefits extended to another retired employee Sri G.Adinarayana Reddy.
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4. Appellants had contended before the learned Single Judge that appellant No.1 i.e., Hindustan Cables Limited, a Government of India Undertaking, had become a sick industry and was referred to the Board of Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies Act, 1985.
5. However, learned Single Judge found that the issue was already covered by a Division Bench decision dated 05.11.2009 in W.A.No.919 of 2004. Accordingly and in the light of the above, the following order was passed:
"Similar issue fell for consideration before this Court in W.P.No.24197 of 2002. This Court vide order dated 11.11.2003 allowed the said writ petition. In W.A.No.919 of 2004, the Division Bench confirmed the order passed by the learned Single Judge on 5.11.2009.
In view of the same, and in the light of the provisions of the Office Order dated 31.5.2001, this Writ Petition is allowed and the petitioner is entitled for payment of arrears of salary and other allowances. The respondent-organization is directed to extend the said benefit to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. In so far the recovery of an amount of Rs.56,877/- is concerned, in view of the judgment of the Apex Court in State of 3 Punjab vs. Rafiq Masih (white washer) ((2014) 8 SCC
883), the amount cannot be recovered from the terminal benefits of the petitioner after retirement. The respondent-Organization is directed to refund the said amount to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs."
6. This Court by order dated 24.01.2019 had admitted the appeal. At the time of admission it was pointed out by learned Senior Counsel for the appellants that against the Division Bench decision relied upon by the learned Single Judge, appellants have already filed Special Leave Petition (SLP) which was pending before the Supreme Court. This Court, as an interim measure, directed that the appellants may abide by and give effect to the directions of learned Single Judge provisionally. Liberty was also granted to the respondent to receive the amount from the appellants, which was however made subject to the final verdict in the writ appeal.
7. In the hearing today, learned Senior Counsel submits that respondent has already withdrawn the amount deposited by the appellants. He also fairly submits that though the issue is alive to the extent that SLP is pending, 4 appellants would not recover the amount already released to the respondent even if they succeed in the SLP.
8. We appreciate the stand taken by the appellants. Since respondent has already received the benefits in terms of the order of the learned Single Judge and as the larger issue is pending before the Supreme Court, we feel that no useful purpose would be served by continuing with the present appeal.
9. Accordingly, the writ appeal is disposed of.
10. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ SUREPALLI NANDA, J 13.07.2022 vs